not “territory”, because territory in international law is a stark concept with clear
definition; it is the physical medium where a state exercises sovereignty.
122 In this
sense, only the internal waters and the territorial sea, and not the EEZ nor the
continental shelf of coastal states are to be considered as territory. Given that the
notion of “Blue Amazon” concretely encompasses the Brazilian EEZ and continental shelf, it would be misleading to label it as “territory” belonging Brazil, even if the
qualifier “maritime” is added to the phrase. The same holds true for any references to
“jurisdictional waters”, as the continental shelf beyond 200 nm does not comprise
Brazilian waters, but solely the seabed and subsoil thereof. Scholars should, thus,
favor the use of maritime “space” or “areas”, and refrain from making references to
“territory” or “jurisdictional waters”, as the adequate legal phraseology for referring
to the Brazilian Blue Amazon.
Ratione materiae, the Blue Amazon concerns the governance and regulation of
ocean uses, such as the rational management of living resources, the ecological
operation of ports, the sustainable exploitation of the pre-salt hydrocarbon reserves,
the prospects of mineral resources, among other challenges. The concept of a Blue
Amazon takes into account that the ocean is an endless source of resources; has
incalculable natural assets; and has a precious biodiversity—further reasons for the
analogy with the Amazon forest.
123 Those are motives enough to envisage the
concept as more than just the sum of maritime spaces where Brazil exercises either
sovereignty or the right-duty to manage natural resources and the marine environment: it comprises the governance challenges ahead of Brazilian authorities, especially in terms of environmental protection, marine security, and sustainable
development. It informs the objectives of efficiently managing the maritime zones
under Brazilian jurisdiction, be it jurisdictional waters or the seabed. By adding the
adjective “blue” to the heavy-loaded word “Amazon”, the Brazilian Navy intended a
link not only with the element of the ocean’s color—as in the other well-known
concepts of “blue planet” or “blue economy”, but mainly to raise awareness to the
potentialities and challenges of managing the Brazilian maritime space.
124 Yet, it
should always be kept in mind, for methodological and clarity purposes, that the
focus of this chapter lies on the domestic environmental powers over continental
shelf activities—even if the Blue Amazon refers to the totality of the marine zones.
122 For more on the criteria of statehood according to international law, and a definition of territory,
see Crawford (1977), p. 93.
123 Information available at the homepage of the Brazilian Navy, Section on the Blue Amazon:
https://www.marinha.mil.br/content/amazonia-azul. Accessed 12 April 2020.
124 The analogy between blue and green economies, as in the case of blue and green Amazons, is
explained in the Concept Paper drafted by the UNEP, according to which “the Blue Economy
espouses the same desired outcome as the Rio +20 Green Economy initiative namely: “improved
human well-being and social equity, while significantly reducing environmental risks and ecological scarcities” and it endorses the same principles of low carbon, resource efficiency and social
inclusion, but it is grounded in a developing world context and fashioned to reflect the circumstances and needs of countries whose future resource base is marine”. See UNEP, “Blue Economy
Concept Paper”, 2012, online.
280
9 The Environmental Dimension of the “Brazilian Blue...
definition; it is the physical medium where a state exercises sovereignty.
122 In this
sense, only the internal waters and the territorial sea, and not the EEZ nor the
continental shelf of coastal states are to be considered as territory. Given that the
notion of “Blue Amazon” concretely encompasses the Brazilian EEZ and continental shelf, it would be misleading to label it as “territory” belonging Brazil, even if the
qualifier “maritime” is added to the phrase. The same holds true for any references to
“jurisdictional waters”, as the continental shelf beyond 200 nm does not comprise
Brazilian waters, but solely the seabed and subsoil thereof. Scholars should, thus,
favor the use of maritime “space” or “areas”, and refrain from making references to
“territory” or “jurisdictional waters”, as the adequate legal phraseology for referring
to the Brazilian Blue Amazon.
Ratione materiae, the Blue Amazon concerns the governance and regulation of
ocean uses, such as the rational management of living resources, the ecological
operation of ports, the sustainable exploitation of the pre-salt hydrocarbon reserves,
the prospects of mineral resources, among other challenges. The concept of a Blue
Amazon takes into account that the ocean is an endless source of resources; has
incalculable natural assets; and has a precious biodiversity—further reasons for the
analogy with the Amazon forest.
123 Those are motives enough to envisage the
concept as more than just the sum of maritime spaces where Brazil exercises either
sovereignty or the right-duty to manage natural resources and the marine environment: it comprises the governance challenges ahead of Brazilian authorities, especially in terms of environmental protection, marine security, and sustainable
development. It informs the objectives of efficiently managing the maritime zones
under Brazilian jurisdiction, be it jurisdictional waters or the seabed. By adding the
adjective “blue” to the heavy-loaded word “Amazon”, the Brazilian Navy intended a
link not only with the element of the ocean’s color—as in the other well-known
concepts of “blue planet” or “blue economy”, but mainly to raise awareness to the
potentialities and challenges of managing the Brazilian maritime space.
124 Yet, it
should always be kept in mind, for methodological and clarity purposes, that the
focus of this chapter lies on the domestic environmental powers over continental
shelf activities—even if the Blue Amazon refers to the totality of the marine zones.
122 For more on the criteria of statehood according to international law, and a definition of territory,
see Crawford (1977), p. 93.
123 Information available at the homepage of the Brazilian Navy, Section on the Blue Amazon:
https://www.marinha.mil.br/content/amazonia-azul. Accessed 12 April 2020.
124 The analogy between blue and green economies, as in the case of blue and green Amazons, is
explained in the Concept Paper drafted by the UNEP, according to which “the Blue Economy
espouses the same desired outcome as the Rio +20 Green Economy initiative namely: “improved
human well-being and social equity, while significantly reducing environmental risks and ecological scarcities” and it endorses the same principles of low carbon, resource efficiency and social
inclusion, but it is grounded in a developing world context and fashioned to reflect the circumstances and needs of countries whose future resource base is marine”. See UNEP, “Blue Economy
Concept Paper”, 2012, online.
280
9 The Environmental Dimension of the “Brazilian Blue...