Right to protest at sea

The freedom of navigation is one of the fundamental freedoms enshrined in the United Nations Convention on the Law of the Sea (“UNCLOS”).1 It is set out in UNCLOS articles 58(1) and 87(1)(a), and is recognised under customary international law. A consequence of this freedom is the right to protest at sea, analysed here.  

As do all rights, the freedom to protest at sea has limits and a framework delimiting the lawfulness of these acts of protest. The leading case defining the right to protest at sea so far is the Arctic Sunrise ² arbitration award issued by the Permanent Court of Arbitration (“PCA”) on 14 August 2015.