Shifting to a More Progressive Paradigm: From Eco-Piracy to Environmental Solidarity

¹ Faculty of Law, State University of Surabaya, Surabaya, Indonesia
² Faculty of Law, University of Lucknow, Lucknow, India

^* Corresponding author: zerryyudisetyo@unesa.ac.id

Abstract

The presence of environmental activist “eco-pirates” has triggered intense conflict between marine researchers and the environmental community due to their various extreme actions. This paper examines the need to re-evaluate the international community’s understanding that “eco-piracy” should not be placed in the same category as crime, as highlighted in the judgments of the Arctic Sunrise case (Kingdom of the Netherlands v. Russian Federation), Provisional Measures, ITLOS, 2013 and The Arctic Sunrise Arbitration (Netherlands v. Russia) PCA, 2015). The methods of this research comprise reinterpreting the piracy norm under UNCLOS and reflecting it in relation to the targets of SDG 14 and SDG 16. The results show that the acts of environmentalists, even in their uttermost extreme form, do not constitute piracy. The reluctance to classify such acts is consistent with particularly Target 14.C emphasizing the document The Future We Want, as these actions aim to uphold the principles of international environmental law. The NGO that facilitated the dispute settlement, being the actor behind such an issue, is already in itself a civil society representation demanding a more inclusive ocean governance, which is consistent with Target 16.7. Finally, the findings seek to shift the classical paradigm of eco-piracy to a more progressive one, inspiring policymakers to adopt a more environmentalist-friendly commitment.