of the international Rule of Law. Hence, in order to prevent unnecessary tensions,
coastal states are advised to seek cooperation and international dialogue with its
counter-parts prior to enacting any measure that may raise wariness in the international community. In this sense, the functional environmental jurisdiction exercised
by coastal states over the outer continental shelf may be more easily questioned by
other states, particularly naval powers with interests in preserving freedom of
navigation as a steady (yet eroding) pillar in the international law of the sea.
With those thoughts in mind, the next chapters materialize a case study on the
state practice of Brazil with regard to the domestic environmental regulation of the
so-called “Brazilian Blue Amazon”, with particular regard to the continental shelf
within and beyond 200 nm under the jurisdiction of the Brazilian state. As a global
player with maritime and geopolitical ambitions and one of the most biodiverse
countries in the planet, including in terms of marine life, it is the case to assess the
extent of Brazilian environmental regulation employed in the management of the
Blue Amazon; the adequateness of the national legal framework for tackling conservation challenges; the domestic institutional design for marine ocean conservation; and the overall maneuver room available for the country in its efforts to manage
the Blue Amazon in consonance with international and national law.
References
Allen CH (2001) Protecting the oceanic gardens of Eden: international law issues in deep-sea vent
resource conservation and management. Georgetown Int Environ Law Rev 13:563–660
Barnes MA, Turner CR (2016) The ecology of environmental DNA and implications for conservation genetics. Conserv Genet 17:1–17
Borg S (2014) The conservation of marine living resources under international law. In: Attard D
et al (eds) The IMLI manual on international maritime law, vol 1. Oxford University Press, p
347
Boyle A (1985) Marine pollution under the law of the sea convention. AJIL 79(2):347–372
Brown ED (1973) The legal regime of hydrospace. Steven and Sons, London
Churchill R (2015) The LOSC regime for protection of the marine environment – fit for the twentyfirst century? In: Rayfuse R (ed) Research handbook on international marine environmental law.
Edward Elgar Publishing, pp 3–30
Czybulka D (2017) Article 195. In: Proelss A (ed) United Nations convention on the law of the sea:
UNCLOS: a commentary. C.H. Beck-Hart-Nomos, Munich, pp 1315–1318
Gavouneli M (2014) State jurisdiction in relation to the protection and preservation of the marine
environment. In: The IMLI manual on international maritime law. Oxford University Press,
Oxford
Hafner G (2006) Meeresumwelt, Meeresforschung und Technologietransfer. In: Handbuch des
Seerechts. Beck, Munich, pp 355–462
Hart H (2012) The concept of law, 3rd edn. Oxford University Press, Oxford
ILC (1956) Articles concerning the law of the sea with commentaries. In: Yearbook of the
International Law Commission II, pp 265–301
König D (2017) Article 214. In: United Nations Convention on the law of the sea: a commentary.
C.H. Beck/Hart/Nomos, Munich
Matz-Lück N, Wolfrum R (2000) The interplay of the United Nations Convention on the law of the
sea and the United Nations Convention on biological diversity. Max Planck UNYB 4:445–480
References
245
coastal states are advised to seek cooperation and international dialogue with its
counter-parts prior to enacting any measure that may raise wariness in the international community. In this sense, the functional environmental jurisdiction exercised
by coastal states over the outer continental shelf may be more easily questioned by
other states, particularly naval powers with interests in preserving freedom of
navigation as a steady (yet eroding) pillar in the international law of the sea.
With those thoughts in mind, the next chapters materialize a case study on the
state practice of Brazil with regard to the domestic environmental regulation of the
so-called “Brazilian Blue Amazon”, with particular regard to the continental shelf
within and beyond 200 nm under the jurisdiction of the Brazilian state. As a global
player with maritime and geopolitical ambitions and one of the most biodiverse
countries in the planet, including in terms of marine life, it is the case to assess the
extent of Brazilian environmental regulation employed in the management of the
Blue Amazon; the adequateness of the national legal framework for tackling conservation challenges; the domestic institutional design for marine ocean conservation; and the overall maneuver room available for the country in its efforts to manage
the Blue Amazon in consonance with international and national law.
References
Allen CH (2001) Protecting the oceanic gardens of Eden: international law issues in deep-sea vent
resource conservation and management. Georgetown Int Environ Law Rev 13:563–660
Barnes MA, Turner CR (2016) The ecology of environmental DNA and implications for conservation genetics. Conserv Genet 17:1–17
Borg S (2014) The conservation of marine living resources under international law. In: Attard D
et al (eds) The IMLI manual on international maritime law, vol 1. Oxford University Press, p
347
Boyle A (1985) Marine pollution under the law of the sea convention. AJIL 79(2):347–372
Brown ED (1973) The legal regime of hydrospace. Steven and Sons, London
Churchill R (2015) The LOSC regime for protection of the marine environment – fit for the twentyfirst century? In: Rayfuse R (ed) Research handbook on international marine environmental law.
Edward Elgar Publishing, pp 3–30
Czybulka D (2017) Article 195. In: Proelss A (ed) United Nations convention on the law of the sea:
UNCLOS: a commentary. C.H. Beck-Hart-Nomos, Munich, pp 1315–1318
Gavouneli M (2014) State jurisdiction in relation to the protection and preservation of the marine
environment. In: The IMLI manual on international maritime law. Oxford University Press,
Oxford
Hafner G (2006) Meeresumwelt, Meeresforschung und Technologietransfer. In: Handbuch des
Seerechts. Beck, Munich, pp 355–462
Hart H (2012) The concept of law, 3rd edn. Oxford University Press, Oxford
ILC (1956) Articles concerning the law of the sea with commentaries. In: Yearbook of the
International Law Commission II, pp 265–301
König D (2017) Article 214. In: United Nations Convention on the law of the sea: a commentary.
C.H. Beck/Hart/Nomos, Munich
Matz-Lück N, Wolfrum R (2000) The interplay of the United Nations Convention on the law of the
sea and the United Nations Convention on biological diversity. Max Planck UNYB 4:445–480
References
245