KnE Social Sciences

ISSN: 2518-668X

The latest conference proceedings on humanities, arts and social sciences.

When the Ocean Cannot Breathe – Reimagining Blue Justice and Recognizing Ecocide as Climate Actions

Published date: Oct 29 2025

Journal Title: KnE Social Sciences

Issue title: The 8th Legal International Conference and Studies (LICS 2025): Integrating Climate Change and Biodiversity into National & International Legislation—Harmonizing Knowledge

Pages: 90 - 96

DOI: 10.18502/kss.v10i26.19982

Authors:

Tajudeen SanniTajudeen.sanni@villacollege.edu.mvCenter for Transformative Environmental and Marine Law, Faculty of Shariah and Law, Villa College

Abstract:

The continuous degradation of the oceans, driven by climate change and unsustainable human activities, calls for urgent legal innovation to protect marine ecosystems and vulnerable coastal communities. This paper examines the intersection of Blue Justice and the emerging international legal recognition of ecocide as a critical form of climate action. Blue Justice centers on the equitable rights and participation of marginalized local coastal communities, including indigenous peoples and small-scale fishers, in ocean governance and resource management, addressing historical injustices and environmental vulnerabilities. Concurrently, the proposal to recognize ecocide as a crime—defined as unlawful or wanton acts causing severe, widespread, or long-term environmental harm—offers a powerful legal mechanism to hold perpetrators accountable and deter destructive practices impacting the ocean’s health and climate systems. By re-imagining Blue Justice principles and recognizing ecocide law in broader context of social justice, this paper advocates for a holistic approach that advances social equity, environmental sustainability, and climate accountability in international and national ocean laws. Employing doctrinal legal methodology, the study discusses how recognizing ecocide as an international crime within frameworks like the Rome Statute and in national jurisdictions would reinforce ocean protection as a form of climate justice, ensuring that the ocean’s right to “breathe” is preserved for present and future generations. The analysis finds that existing regulatory frameworks at the international level and in many jurisdictions are insufficient to address the scale and complexity of ocean degradation and climate impacts. The study also finds that re-imagining Blue Justice through the lens of ecocide law promotes a holistic approach that advances social equity, environmental sustainability, and climate accountability in both international and national ocean laws.

Keywords: blue justice, climate action, ecocide, ocean governance, international law

References:

[1] Breitburg D, Levin LA, Oschlies A, Grégoire M, Chavez FP, Conley DJ, et al. Declining oxygen in the global ocean and coastal waters. Science. 2018. Jan;359(6371):eaam7240. https://doi.org/10.1126/science.aam7240.

[2] European Parliament. Revision of the Environmental Crime Directive. 2022. https://www.europarl.europa.eu

[3] FAO. Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries. 2015. http://www.fao.org

[4] FAO. The State of World Fisheries and Aquaculture; 2022.

[5] Higgins P, Short D, South N. Protecting the planet: A proposal for a law of ecocide. Crime Law Soc Change. 2013;59(3):251–66.

[6] Jentoft S, Chuenpagdee R. Assessing governance of small-scale fisheries: experiences and perspectives. Springer; 2015. https://doi.org/10.1007/978-3-319- 17034-3.

[7] Kim RE, Bosselmann K. International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements. Transnational Environmental Law. 2013;2(2):285–309.

[8] Pring G, Pring C. Greening Justice: Creating and Improving Environmental Courts and Tribunals. World Resources Institute; 2009.

[9] Rome Statute of the International Criminal Court. 1998. https://www.icc-cpi.int

[10] Sanni T. SDG 14-Life Below Water https://www.intersentiaonline.com/publication/theprivate- side-of-transforming-our-world-un-sustainable-development-goals-2030- and-the-role-of-p/16

[11] Stop Ecocide Foundation. 2021. Independent Expert Panel for the Legal Definition of Ecocide: Commentary and Core Text. https://www.stopecocide.earth

[12] Sunde J, Petersen A, Mather C. Blue justice and small-scale fisheries in South Africa: challenges and opportunities. Mar Policy. 2020;118:103981.

[13] UNDRIP. United Nations Declaration on the Rights of Indigenous Peoples. 2007.

[14] UNEP. Making Peace with Nature: A scientific blueprint to tackle the climate, biodiversity and pollution emergencies. 2021.

[15] United Nations. United Nations Convention on the Law of the Sea. 1982.

[16] United Nations. Convention on Biological Diversity. 1992.

[17] Warner K. Ecocide as an international crime: A path to environmental justice. Int J Hum Rights. 2021;25(3):345–62.