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- All Subjects: International Law
- Creators: Rothenberg, Daniel
- Creators: Bowman, Diana
In 2021, Palestine will have been under official Israeli occupation for 54 years. As conflict persists between the two populations, it is becoming increasingly difficult to imagine a peaceful resolution. As international legal bodies have failed to bring an end to the occupation, the Israeli government continues to carry out extensive violations of human rights against the Palestinians. One significant consequence of the occupation has been the Palestinians’ lack of access to safe and reliable water, a problem that is continuing to worsen as a result of climate change and years of over-utilization of shared, regional water resources. Since the occupation started, international organizations have not only affirmed the general human right to water but have overseen several peace agreements between Israel and Palestine that have included stipulations on water. Despite these measures, neither water access nor quality has improved and, over time, has worsened. This paper will look at why international law has failed to improve conditions for Palestinians and will outline the implications of the water crisis on a potential solution between Israel and Palestine.
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.