Reapproaching International Law Through TWAIL: Reclaiming Marine Sovereignty and Rights of the Global South Within Law of the Sea

Authors

Ria Wierma Putri, Assistant Professor at Department of International Law, Faculty of Law, Universitas Lampung, Jalan Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, S.H., M.H., Ph.D. (Kanazawa University).
Febryani Sabatira, Postgraduate Student, Master of Maritime Policy, University of Wollongong, Australia, Northfields Ave Wollongong, NSW 2522 Australia, S.H., MH. (University of Wollongong).
Orima Melati Davey, Master of Law at Faculty of Law, Universitas Lampung, Jalan Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, S.H., M.H. (Universitas Lampung).
Afandi Sitamala, Assistant Professor at Department of International Law, Faculty of Law, Universitas Sultan Ageng Tirtayasa, Jl. Raya Palka Km. 03 Sindangsari Pabuaran Kab. Serang, S.H., LL.M. (Moritz College of Law).Follow

Abstract

Third World Approaches to International Law (TWAIL), also understood as a theory of decolonizing international law, offers a critical framework for analyzing the historical evolution of international law and its continuing impact on Global South nations. This article examines TWAIL's perspective within the Law of the Sea, with particular attention to the ways in which the dominance of marine resource use by industrialized states perpetuates structural inequities over less powerful states. Since the 1950s, TWAIL scholars have emphasized the importance of amplifying Global South voices to challenge entrenched colonial legacies and reshape the future of international law. The purpose of this article is to explore TWAIL's application to the Law of the Sea by situating contemporary debates within their historical context and advancing the argument that ``freedom of the seas'' must evolve to account for present realities of equity and sustainability. Specifically, this study considers two central areas: (1) TWAIL's critique of the Law of the Sea and its implications for the marine rights of Global South states, and (2) the development of new ocean governance regimes, with emphasis on the ongoing negotiations over Biodiversity Beyond National Jurisdiction (BBNJ) as a significant case study. By engaging with these debates, the article underscores TWAIL's contribution to rethinking international maritime law and advancing a more just framework for the governance of ocean resources.

Recommended Citation

Putri, Ria Wierma; Sabatira, Febryani; Davey, Orima Melati; and Sitamala, Afandi (2025) "Reapproaching International Law Through TWAIL: Reclaiming Marine Sovereignty and Rights of the Global South Within Law of the Sea," Padjadjaran Jurnal Ilmu Hukum (Journal of Law): Vol. 12: No. 3, Article 4.
Available at: https://journal.unpad.ac.id/pjih/vol12/iss3/4