Commission for Marine Resources (CIRM),
18 subjecting scientific research on the
claimed outer continental shelf to previous authorization by the coastal state, with
international obligations voluntarily seized by Brazil. Similarly, it is the case to
assess the extent of Brazil’s jurisdiction on the continental shelf to pursue environmental crimes, namely those related to oil spills.
19
This investigation consists of an empirical axis of the book, in which the
“Brazilian Blue Amazon” will be scrutinized. After a careful analysis of that concept
and its objectives, the work will determine whether the Brazilian state has adopted
laws and regulations relating to the sustainable exploitation of the continental shelf,
and whether those statutes lie in harmony with international environmental and
oceanic provisions. Moreover, an analysis of Brazil’s legal and institutional capabilities to comply with environmental obligations plays a central role in this work—
goal achieved via resort to interviewing techniques conducted during a field research
in Brasília, in November 2016. Finally, is there a principled management of the
seabed currently in place in for the Brazilian Blue Amazon, or is there a need for
legal and institutional improvement?
This chapter examines the domestic marine environmental governance architecture in place for the management of the Brazilian Blue Amazon, in particular Brazil’s
continental shelf. For that, it tackles the definition, objectives, geopolitical implications and legal status of the Brazilian Blue Amazon; then, it offers a view on the
Brazilian efforts to delineate its outer continental shelf. In so doing, it is expected
that the bases for the examination of the legal framework applicable to the marine
environment of the continental shelf be adequately laid.
9.1 Marine Environmental Governance in Brazil: Policies
and Institutions
A legal study on the environmental facet of the Brazilian Blue Amazon encompasses
the marine environmental governance structure and regulatory framework regarding
continental shelf activities. Broadly, the expression “governance” relates to the
norms and agencies that provide standards of acceptable public behavior in the
international system,
20 and encompasses the participation of all stakeholders
involved in the activity to be governed. Building on that concept, it could be said
18 The precise content of CIRM Resolution 003/2010, as well as its polemics, are discussed in
Chap. 10.
19 The next chapter will assess the Brazilian environmental jurisdiction, following the domestic
confusion between Brazilian courts as to which instance had competence to entertain the criminal
prosecution of Chevron operators that participated in an oil spill off the Rio de Janeiro coast
in 2014.
20 See generally Nye and Donaghue (2000), introduction.
9.1 Marine Environmental Governance in Brazil: Policies and Institutions
251
18 subjecting scientific research on the
claimed outer continental shelf to previous authorization by the coastal state, with
international obligations voluntarily seized by Brazil. Similarly, it is the case to
assess the extent of Brazil’s jurisdiction on the continental shelf to pursue environmental crimes, namely those related to oil spills.
19
This investigation consists of an empirical axis of the book, in which the
“Brazilian Blue Amazon” will be scrutinized. After a careful analysis of that concept
and its objectives, the work will determine whether the Brazilian state has adopted
laws and regulations relating to the sustainable exploitation of the continental shelf,
and whether those statutes lie in harmony with international environmental and
oceanic provisions. Moreover, an analysis of Brazil’s legal and institutional capabilities to comply with environmental obligations plays a central role in this work—
goal achieved via resort to interviewing techniques conducted during a field research
in Brasília, in November 2016. Finally, is there a principled management of the
seabed currently in place in for the Brazilian Blue Amazon, or is there a need for
legal and institutional improvement?
This chapter examines the domestic marine environmental governance architecture in place for the management of the Brazilian Blue Amazon, in particular Brazil’s
continental shelf. For that, it tackles the definition, objectives, geopolitical implications and legal status of the Brazilian Blue Amazon; then, it offers a view on the
Brazilian efforts to delineate its outer continental shelf. In so doing, it is expected
that the bases for the examination of the legal framework applicable to the marine
environment of the continental shelf be adequately laid.
9.1 Marine Environmental Governance in Brazil: Policies
and Institutions
A legal study on the environmental facet of the Brazilian Blue Amazon encompasses
the marine environmental governance structure and regulatory framework regarding
continental shelf activities. Broadly, the expression “governance” relates to the
norms and agencies that provide standards of acceptable public behavior in the
international system,
20 and encompasses the participation of all stakeholders
involved in the activity to be governed. Building on that concept, it could be said
18 The precise content of CIRM Resolution 003/2010, as well as its polemics, are discussed in
Chap. 10.
19 The next chapter will assess the Brazilian environmental jurisdiction, following the domestic
confusion between Brazilian courts as to which instance had competence to entertain the criminal
prosecution of Chevron operators that participated in an oil spill off the Rio de Janeiro coast
in 2014.
20 See generally Nye and Donaghue (2000), introduction.
9.1 Marine Environmental Governance in Brazil: Policies and Institutions
251