Cultural Influences on the Law of the Sea: History, Legacy and Future Prospects
352 pages
This book is also available in digital format and open access at: https://academic.oup.com/book/59653
Dr James WE Smith
King’s College London
Cultural Influences on the Law of the Sea does something magic and increasingly rare in modern academic publishing; the editors and a talented lineup of scholars have noted an essential aspect of something long forgotten but fundamental. That would be enough in itself to, at least from an academic perspective, recommend this book
Cultural Influences on the Law of the Sea is in the style of a scholarly examination of how cultural factors shape international maritime law. To that end it can be a dry book to read and not one that someone would casually read unless they are interested or researching the topic of the legal framework of the sea, such as UNCLOS.
Primarily, the book explores the interplay between cultural norms, traditions, and legal frameworks governing the world’s oceans: or arguably the true global commons, only followed by that of space. The book offers insights into how diverse cultural perspectives influence legal interpretations and the development of maritime policies across a range of countries by geographic region. The editors have curated contributions from experts in international law, anthropology, and maritime studies, providing a multidisciplinary approach to the subject matter. The chapters delve into case studies and theoretical analyses, highlighting the significance of cultural considerations in legal proceedings and treaty formulations related to the sea.
Getting the whole world regionally into a book this size is a challenge to some degree, and it shows at times as some of the authors glance over issues and points, even if it’s just about there. The title suggests more to this than is covered, so the secondary title could easily be dropped unless the editors were willing to double, if not triple, the size of the book and change from regions to specific countries, where places like the UK and US, and studies of competition between areas internally and externally would become a hot topic, something I felt the editors wanted to avoid being dragged into. It’s essential to tie the legal aspect of countries to how and why they see the sea as they do, which would have been the jam on top of the cream scone, yet it falls a little flat.
It is academically dense and terminologically heavy, to be expected in something where ‘the law’ and international treaties are involved. You could also argue there are inconsistent definitions: the term ‘culture’ is thrown around as a contemporary buzzword but can be interpreted in different ways, and I wonder if there was some shyness to be critical of some matters on the grounds of ‘that’s how it’s always been’. This may be a nation-by-nation and more war studies style question where, in the opinion of the author of this review, terms like ‘freedom of the seas’ should be approached with a critical eye, not blind acceptance. Overall, the book can be praised for its interdisciplinary approach and breadth. It brings together an expert cast of contributors to explore how different regions culturally express and understand the law of the sea, but more importantly, that the law of the sea is essential, makes it shine. The book should be anticipated to significantly contribute to the field, offering diverse perspectives on the cultural dimensions of maritime law.
In conclusion, this book is a critical and valuable resource for scholars, legal practitioners, and policymakers interested in understanding the cultural dimensions of maritime law. It encourages readers to appreciate the complexities of integrating cultural perspectives into legal systems governing international waters. We need to see more of this type of work; well done to the team.
