the Brazilian Navy considers it paramount for Brazil to pursue its destiny by
enforcing its maritime awareness, “so that the Brazilian sea is protected from
environmental degradation and from international interests”.
117
The Blue Amazon may be understood as an all-embracing concept which integrates all maritime zones under some degree of Brazilian jurisdiction which quickly
became a key geopolitical concept with profound legal implications. The idea of a
Blue Amazon now informs actions and plans of the Navy, environmental protection
agencies, research centers and institutes, among others. In 2010, the phrase was
registered as a trademark, and in 2013, Brazil founded the Blue Amazon Defense
Technologies Corporation (AMAZUL), a public corporation charged with modernizing the Brazilian naval fleet—an indispensable tool for monitoring such an
immense area.
118 In order to understand Brazilian ocean policies and laws, it is
paramount to study the concept of the “Blue Amazon” in its multifaceted-nature.
As such, there are two possible dimensions of the “Blue Amazon” concept, two
ways in which it can be defined: the physical area and the extension of maritime
spaces comprised by the expression—definition ratione loci; and the uses and
activities in those maritime spaces, including the respective challenges of governing
the areas within national jurisdiction on a principle manner—definition ratione
materiae.
Ratione loci, the Blue Amazon consists of the ensemble of territorial sea, EEZ
and continental shelf off the Brazilian coast, i.e. the physical medium delimited in
accordance with the pertinent UNCLOS provisions. That comprises a surface of
3,539,919 km
2 , which remains, nonetheless, unsettled in light of Brazil’s partial
submissions to the CLCS for the delineation of continental shelf outer limits. If
approved, Brazilian claims will grant the country jurisdiction over an extended area
of about 911,000 km
2 seaward to the EEZ, rendering the Brazilian continental shelf
approximately 4.5 million km
2 in total.
119
The frenzy with the new concept steered a plethora of domestic publications on
the Blue Amazon, its definition, objectives and practical implications for the Brazilian authorities. Somewhat regrettably, Brazilian scholars have misleadingly
referred to the Blue Amazon as the “Brazilian maritime territory”
120 or the “Brazilian
jurisdictional waters”,
121 references that deserve immediate clarification. Firstly, it is
117 According to former Brazilian President Juscelino Kubitschek, Brazil was “an ocean-facing
nation, and shipping is, and will be, for a long time, the truly national communications system of our
extensive coastal strip, where the main centers of economic activity in the country and most of its
population”. See Juscelino Kubitschek, Diário Oficial da União, 18 February 1959, 77, para. 187.
Also, on the awareness page, in order to raise awareness to the relevance of the concept and the
projects and visions of country behind it, Brazil instituted the National Blue Amazon Day,
celebrated on 16 November, day of UNCLOS’ ratification in Brazil.
118 The Amazul S.A. was instituted by Federal Act no. 12.706/2012.
119 As of April 2020, the CLCS had received 85 submissions, some from the same state who chose
to separate its claims.
120 Martins (2007), p. 266.
121 Marques (2007), p. 143.
9.2 The Brazilian Extended Continental Shelf: A Larger Blue Amazon
279
enforcing its maritime awareness, “so that the Brazilian sea is protected from
environmental degradation and from international interests”.
117
The Blue Amazon may be understood as an all-embracing concept which integrates all maritime zones under some degree of Brazilian jurisdiction which quickly
became a key geopolitical concept with profound legal implications. The idea of a
Blue Amazon now informs actions and plans of the Navy, environmental protection
agencies, research centers and institutes, among others. In 2010, the phrase was
registered as a trademark, and in 2013, Brazil founded the Blue Amazon Defense
Technologies Corporation (AMAZUL), a public corporation charged with modernizing the Brazilian naval fleet—an indispensable tool for monitoring such an
immense area.
118 In order to understand Brazilian ocean policies and laws, it is
paramount to study the concept of the “Blue Amazon” in its multifaceted-nature.
As such, there are two possible dimensions of the “Blue Amazon” concept, two
ways in which it can be defined: the physical area and the extension of maritime
spaces comprised by the expression—definition ratione loci; and the uses and
activities in those maritime spaces, including the respective challenges of governing
the areas within national jurisdiction on a principle manner—definition ratione
materiae.
Ratione loci, the Blue Amazon consists of the ensemble of territorial sea, EEZ
and continental shelf off the Brazilian coast, i.e. the physical medium delimited in
accordance with the pertinent UNCLOS provisions. That comprises a surface of
3,539,919 km
2 , which remains, nonetheless, unsettled in light of Brazil’s partial
submissions to the CLCS for the delineation of continental shelf outer limits. If
approved, Brazilian claims will grant the country jurisdiction over an extended area
of about 911,000 km
2 seaward to the EEZ, rendering the Brazilian continental shelf
approximately 4.5 million km
2 in total.
119
The frenzy with the new concept steered a plethora of domestic publications on
the Blue Amazon, its definition, objectives and practical implications for the Brazilian authorities. Somewhat regrettably, Brazilian scholars have misleadingly
referred to the Blue Amazon as the “Brazilian maritime territory”
120 or the “Brazilian
jurisdictional waters”,
121 references that deserve immediate clarification. Firstly, it is
117 According to former Brazilian President Juscelino Kubitschek, Brazil was “an ocean-facing
nation, and shipping is, and will be, for a long time, the truly national communications system of our
extensive coastal strip, where the main centers of economic activity in the country and most of its
population”. See Juscelino Kubitschek, Diário Oficial da União, 18 February 1959, 77, para. 187.
Also, on the awareness page, in order to raise awareness to the relevance of the concept and the
projects and visions of country behind it, Brazil instituted the National Blue Amazon Day,
celebrated on 16 November, day of UNCLOS’ ratification in Brazil.
118 The Amazul S.A. was instituted by Federal Act no. 12.706/2012.
119 As of April 2020, the CLCS had received 85 submissions, some from the same state who chose
to separate its claims.
120 Martins (2007), p. 266.
121 Marques (2007), p. 143.
9.2 The Brazilian Extended Continental Shelf: A Larger Blue Amazon
279