Reconstructing Environmental Justice through Customary Marine Tenure: Towards A New Jurisprudence of Ocean Governance
- Happy Okundaye Oji, LLB, BL, LLM
- DOI: 10.5281/zenodo.21076952
- ISA Journal of Arts, Humanities and Social Sciences (ISAJAHSS)
Environmental justice has become one
of the most influential principles of contemporary international environmental
law. Traditionally, it has focused on the fair distribution of environmental
benefits and burdens, access to environmental decision-making, and the
protection of vulnerable communities from environmental harm. While these
objectives remain fundamental, the accelerating impacts of climate change,
biodiversity loss, marine pollution, and declining ocean health demonstrate
that environmental justice requires a broader jurisprudential foundation.
Existing legal frameworks continue to rely predominantly on State-centred
governance while giving insufficient recognition to Indigenous systems of
marine governance that have sustained coastal ecosystems for generations.
This article argues that Customary
Marine Tenure provides an important legal foundation for reconstructing
environmental justice in the twenty-first century. Rather than viewing
Customary Marine Tenure simply as a traditional method of resource management,
the article demonstrates that it constitutes a sophisticated legal system
capable of promoting biodiversity conservation, ecological stewardship, climate
resilience, sustainable ocean governance, and community participation. It
further argues that environmental justice cannot be fully achieved where
Indigenous marine governance remains legally marginalised despite its
demonstrated contribution to environmental sustainability.
The article introduces Ocean
Governance Justice Theory, developed by Happy Okundaye Oji, as an original
contribution to international environmental jurisprudence. The theory argues
that environmental justice should be reconstructed by recognising Customary
Marine Tenure as a complementary system of environmental governance that
integrates Indigenous legal traditions with contemporary international
environmental law. Under this approach, justice extends beyond the equitable
distribution of environmental resources to include the recognition of
Indigenous legal authority, ecological stewardship, and the long-term
protection of ancestral marine ecosystems.
Drawing upon international
environmental law, the law of the sea, climate justice, biodiversity law,
Indigenous legal traditions, legal pluralism, and comparative ocean governance,
the article demonstrates that environmental protection and Indigenous
governance are mutually reinforcing rather than competing objectives. It
concludes that reconstructing environmental justice through Customary Marine
Tenure would strengthen marine biodiversity conservation, climate adaptation,
sustainable development, and the future evolution of international
environmental law.
Keywords:
Environmental Justice, Customary Marine Tenure, Ocean Governance Justice
Theory, International Environmental Law, Indigenous Ocean Governance, Climate
Justice, Ocean Governance, Marine Biodiversity, Ecological Stewardship,
Indigenous Peoples, Coastal Communities, Sustainable Development, Rights of
Nature.