Looking at the Case Law of the European Court of Human Rights through the lens of the International Law of the Sea

The relationship between the European Convention on Human Rights (ECHR) and the international law of the sea (LOS) must be understood based on harmonization between these two branches of international law. The European Court of Human Rights (ECtHR) case law on LOS matters covers about a dozen cases ruled in the past two decades. When analyzing the relationship in question, it is crucial to consider three relevant matters. Firstly, the concept of jurisdiction is central in LOS and discussions about the scope of ECHR member states’ jurisdiction at sea cannot ignore the fact that they are simultaneously dealing with jurisdictional issues of the coastal state, the flag state or the port state. Secondly, the LOS is not limited to UNCLOS, although that is the conventional international legal framework of general scope relevant to all seas and oceans that regulates, organizes and provides conditions for the behaviour and activities of the diverse subjects of international law in the different maritime spaces. Thirdly, the ECtHR’s approaches to LOS matters must be sensitive to the dynamics of its norms and regulations, even when it seems that this branch of international law is designed to be applied only to states and ships.