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- Creators: School of International Letters and Cultures
- Creators: Depp, Oren
This thesis investigates the scope of the Law of the Sea in terms of managing deep-sea mining, mediating territorial sea disputes, and supporting a system of international cooperation to facilitate stable ocean governance. The application of the Law of the Sea to international marine matters is best exemplified through the United Nations Convention on the Law of the Sea (UNCLOS), a treaty that provides guidance and supervision over the ocean. UNCLOS will be the main legal framework for assessing the developments of deep-sea exploration for mineral extraction, overlapping territorial sea claims, and threats to ocean health. Analysis of past territorial claim disputes illustrates that claims arise from desires for ownership over plentiful natural resources located in disputed waters. This results in territorial sea disputes furthering the continuation of the supremacy of state sovereignty over international waters and disregarding how the ocean is an interconnected flowing element. The most transformative challenge facing the Law of the Sea is deep-sea mining, which threatens to disrupt entire marine ecosystems through invasive mining practices. I argue that by creating a polycentric mode of ocean governance, the health of the ocean (and the planet) will be preserved. At the end of the thesis, I will recommend that an interactive, transdisciplinary, participatory, and problem-solving model of governance combined with building on existing legal regimes is necessary to respond to the challenges raised in the Law of the Sea.
The perception that homosexuality is an immoral affliction and an innovation from Western cultures is prevalent throughout Africa, specifically in six case countries: Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia. This thesis seeks to demonstrate that homophobia, not homosexuality, is the true Western import. Additionally, it will analyze the background and colonial histories of my six dossier countries, their current laws surrounding LGBT+ rights, the social and legal repercussions of being LGBT+, and the consequences of state-sponsored homophobia in terms of justice, international law, and the future of each country. Based on my research, all these case countries use colonial-era provisions, penal codes, and religious norms to discriminate against homosexuals, which operate under legally-mandated “morality,” a notion inherently subjective. Additionally, the most targeted groups are gay men and transgender people, while lesbians and bisexual women are rarely targeted and convicted compared to homosexual men. This is due to various social, legal, and religious factors regarding the high importance of patriarchy and masculinity. Ultimately, this thesis concludes that European colonization in Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia introduced new legal norms that persecuted pre-colonial practices of homosexuality under the guise of morality. Now, the repercussions are rampant and dangerous (especially for homosexual men and transgender people) and cannot be overcome without radical changes to local legal and social systems.