Atlantic;
9 the 1969 Convention on Civil Liability for Damage Caused by Oil
Pollution (OILPOL);
10 the 1972 London Dumping Convention;
11 the 1973 Convention for the Prevention of Pollution Caused by Ships (MARPOL) and its respective
1978 Protocol;
12 the 1980 Convention on the Conservation of Antarctic Marine
Living Resources (CCALMR);
13 the 1989 Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal;
14 the 1990
International Convention on Oil Pollution Preparedness, Response and Cooperation
(OPRC);
15 the 1992 Convention on Biological Diversity,
16 among others.
In addition to that, Brazil participated in the First Conference on Law of the Sea
(1958) and signed its four Conventions and Optional Protocol; the Second Conference and, finally, joined the Third Conference, from 1973 until 1982.
17 As confirmed from this list, Brazilian commitment to developing the international law of
the sea has been consistent and constant, even if the country’s practice may have
experimented changes through time. In fact, as the international society changes,
countries adapt and postulate new parameters for the behavior of international actors,
Brazil being no exception.
Yet, Brazilian stances have not always enjoyed peaceful international head-nods,
and that is precisely another reason for studying Brazil: the country’s record of
controversial attitudes. In fact, Brazil’s practice regarding coastal state’s jurisdiction
on the continental shelf has been contentious, with the country becoming notorious
in the past for pushing coastal states’ authority over adjacent waters beyond the
acceptable by naval powers. It was the case of Decree 1.087/1970, which established
a 200 nm territorial sea just years prior to the kickstart of the Third Conference, as
well as the country’s prominent role during those tough negotiating years.
Despite Brazil’s past of participation in international oceanic negotiations, the
challenges ahead are monstrous. In light of the country’s grandiose narrative of the
Blue Amazon and the need to exercise sovereignty and jurisdiction thereon, one
ought to examine the Brazilian legal and institutional preparedness to address
questions arising from the management of its maritime spaces. It is, thus, the case
to review the country’s marine environmental legislation and assess whether normative and institutional conflicts may be hampering the principled governance of
Brazilian maritime spaces. For instance, one ought to assess the consistency of
domestic instruments, such as Resolution 003/2010 of the Interministerial
9 Promulgated by Decree no. 65.026, 20 August 1969.
10 Promulgated by Decree no. 79.437, 28 March 1977.
11 Promulgated by Decree no. 87.566, 16 September 1982. The 1996 Protocol to the London
Dumping Convention has not been ratified by Brazil.
12 Approved by Legislative Decree no. 4, 1987.
13 Ratified by Brazil on 28 January 1986.
14 Promulgated by Decree no. 875, 19 July de 1993.
15 Promulgated by Decree no. 2.870, 10 December 1998.
16 Promulgated by Decree no. 2.519, 16 March 1998.
17 UNCLOS was promulgated in Brazil by Decree no. 99.165/1990.
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9 The Environmental Dimension of the “Brazilian Blue...
9 the 1969 Convention on Civil Liability for Damage Caused by Oil
Pollution (OILPOL);
10 the 1972 London Dumping Convention;
11 the 1973 Convention for the Prevention of Pollution Caused by Ships (MARPOL) and its respective
1978 Protocol;
12 the 1980 Convention on the Conservation of Antarctic Marine
Living Resources (CCALMR);
13 the 1989 Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal;
14 the 1990
International Convention on Oil Pollution Preparedness, Response and Cooperation
(OPRC);
15 the 1992 Convention on Biological Diversity,
16 among others.
In addition to that, Brazil participated in the First Conference on Law of the Sea
(1958) and signed its four Conventions and Optional Protocol; the Second Conference and, finally, joined the Third Conference, from 1973 until 1982.
17 As confirmed from this list, Brazilian commitment to developing the international law of
the sea has been consistent and constant, even if the country’s practice may have
experimented changes through time. In fact, as the international society changes,
countries adapt and postulate new parameters for the behavior of international actors,
Brazil being no exception.
Yet, Brazilian stances have not always enjoyed peaceful international head-nods,
and that is precisely another reason for studying Brazil: the country’s record of
controversial attitudes. In fact, Brazil’s practice regarding coastal state’s jurisdiction
on the continental shelf has been contentious, with the country becoming notorious
in the past for pushing coastal states’ authority over adjacent waters beyond the
acceptable by naval powers. It was the case of Decree 1.087/1970, which established
a 200 nm territorial sea just years prior to the kickstart of the Third Conference, as
well as the country’s prominent role during those tough negotiating years.
Despite Brazil’s past of participation in international oceanic negotiations, the
challenges ahead are monstrous. In light of the country’s grandiose narrative of the
Blue Amazon and the need to exercise sovereignty and jurisdiction thereon, one
ought to examine the Brazilian legal and institutional preparedness to address
questions arising from the management of its maritime spaces. It is, thus, the case
to review the country’s marine environmental legislation and assess whether normative and institutional conflicts may be hampering the principled governance of
Brazilian maritime spaces. For instance, one ought to assess the consistency of
domestic instruments, such as Resolution 003/2010 of the Interministerial
9 Promulgated by Decree no. 65.026, 20 August 1969.
10 Promulgated by Decree no. 79.437, 28 March 1977.
11 Promulgated by Decree no. 87.566, 16 September 1982. The 1996 Protocol to the London
Dumping Convention has not been ratified by Brazil.
12 Approved by Legislative Decree no. 4, 1987.
13 Ratified by Brazil on 28 January 1986.
14 Promulgated by Decree no. 875, 19 July de 1993.
15 Promulgated by Decree no. 2.870, 10 December 1998.
16 Promulgated by Decree no. 2.519, 16 March 1998.
17 UNCLOS was promulgated in Brazil by Decree no. 99.165/1990.
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9 The Environmental Dimension of the “Brazilian Blue...