international environmental treaties and helping shape the international environmental rule of law.
3
Recently, marine governance of the Brazilian continental shelf earned the spotlight in the wake of the CLCS recommendation acknowledging Brazilian sovereign
rights over a large portion of the seabed beyond 200 nm. Such recognition has raised
questions, inter alia, as to the knowledge owned by Brazilian authorities on deep-sea
fauna and flora, as well as the adequateness of current domestic rules and regulations
to manage—i.e. conserve and exploit—such submarine universe. As one of the maps
produced by the Brazilian Institute for Geography and Statistics reveals, marine life
abounds not only throughout the Vitória-Trindade Chain, but also on other spots of
the Brazilian continental shelf.
4 Fragile ecosystems, as the seamounts neighboring
the Atlantic islands of Trindade and Martim Vaz, or the coral reefs off the Amazon
river delta, in the Northern cone of Brazil,
5 should inspire the need for the clear
regulation of continental shelf uses, so that the national ecological patrimony does
not vanish by virtue of inadequate domestic laws or deficient enforcement.
Another map of the same Atlas highlights the alarming scarcity of information
and knowledge on the biological conservation status of several Blue Amazon spots,
including large portions of the Brazilian EEZ—with the notable exception of waters
adjacent to the Brazilian Southernmost state, Rio Grande do Sul.
6 Of the little which
is known, the Brazilian Institute for Geography and Statistics has classified the
biological relevance of the EEZ farther away offshore with the lowest level: it was
labelled “high”, in comparison to marine areas with a “very high” and “extremely
high” biorelevance for the Brazilian coast system—an expected result, as coastal
areas usually suffer from acuter anthropogenic pressures, such as land-based pollution, irresponsible tourism, port operations etc.
7
resources under national jurisdiction; (e) Addressing critical uncertainties for the management of
the marine environment and climate change; (f) Strengthening international, including regional,
cooperation and coordination; (g) Sustainable development of small islands.
3 Such a trend is of questionable continuity in light of the recently elected Brazilian President, Mr
Jair Bolsonaro, for reasons previously highlighted in this work.
4 The project Atlas Mar, of the Brazilian Institute for Geography and Statistics—IBGE—has pinned
several entries of marine life around the seamounts of Martin Vaz e Trindade, as well as in the
Vitoria-Trindade Chain and the Northern Amazonas Cone, portions of the seafloor that Brazil
claims to pertain to the country’s continental shelf, but which have been rejected by the CLCS
following the first Brazilian submission. See IBGE, Atlas geográfico das zonas costeiras e oceânicas
do Brasil.
5 See Brady (2017) online. Available at: https://news.nationalgeographic.com/2017/01/photos-ama
zon-coral-reef-discovery-research-science/. Accessed 12 April 2020.
6 One of the explanations for such concentration of information on the biological relevance within
the Southern Brazilian EEZ is certainly the presence of well-equipped ocean-oriented research
centers in the state of Rio Grande do Sul, such as the Federal University of Rio Grande do Sul
(FURG).
7 See Ministério do Meio Ambiente, Portal Brasileiro sobre Biodiversidade, 2010. Available at:
https://portaldabiodiversidade.icmbio.gov.br/portal/. Accessed 12 April 2020.
298
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
3
Recently, marine governance of the Brazilian continental shelf earned the spotlight in the wake of the CLCS recommendation acknowledging Brazilian sovereign
rights over a large portion of the seabed beyond 200 nm. Such recognition has raised
questions, inter alia, as to the knowledge owned by Brazilian authorities on deep-sea
fauna and flora, as well as the adequateness of current domestic rules and regulations
to manage—i.e. conserve and exploit—such submarine universe. As one of the maps
produced by the Brazilian Institute for Geography and Statistics reveals, marine life
abounds not only throughout the Vitória-Trindade Chain, but also on other spots of
the Brazilian continental shelf.
4 Fragile ecosystems, as the seamounts neighboring
the Atlantic islands of Trindade and Martim Vaz, or the coral reefs off the Amazon
river delta, in the Northern cone of Brazil,
5 should inspire the need for the clear
regulation of continental shelf uses, so that the national ecological patrimony does
not vanish by virtue of inadequate domestic laws or deficient enforcement.
Another map of the same Atlas highlights the alarming scarcity of information
and knowledge on the biological conservation status of several Blue Amazon spots,
including large portions of the Brazilian EEZ—with the notable exception of waters
adjacent to the Brazilian Southernmost state, Rio Grande do Sul.
6 Of the little which
is known, the Brazilian Institute for Geography and Statistics has classified the
biological relevance of the EEZ farther away offshore with the lowest level: it was
labelled “high”, in comparison to marine areas with a “very high” and “extremely
high” biorelevance for the Brazilian coast system—an expected result, as coastal
areas usually suffer from acuter anthropogenic pressures, such as land-based pollution, irresponsible tourism, port operations etc.
7
resources under national jurisdiction; (e) Addressing critical uncertainties for the management of
the marine environment and climate change; (f) Strengthening international, including regional,
cooperation and coordination; (g) Sustainable development of small islands.
3 Such a trend is of questionable continuity in light of the recently elected Brazilian President, Mr
Jair Bolsonaro, for reasons previously highlighted in this work.
4 The project Atlas Mar, of the Brazilian Institute for Geography and Statistics—IBGE—has pinned
several entries of marine life around the seamounts of Martin Vaz e Trindade, as well as in the
Vitoria-Trindade Chain and the Northern Amazonas Cone, portions of the seafloor that Brazil
claims to pertain to the country’s continental shelf, but which have been rejected by the CLCS
following the first Brazilian submission. See IBGE, Atlas geográfico das zonas costeiras e oceânicas
do Brasil.
5 See Brady (2017) online. Available at: https://news.nationalgeographic.com/2017/01/photos-ama
zon-coral-reef-discovery-research-science/. Accessed 12 April 2020.
6 One of the explanations for such concentration of information on the biological relevance within
the Southern Brazilian EEZ is certainly the presence of well-equipped ocean-oriented research
centers in the state of Rio Grande do Sul, such as the Federal University of Rio Grande do Sul
(FURG).
7 See Ministério do Meio Ambiente, Portal Brasileiro sobre Biodiversidade, 2010. Available at:
https://portaldabiodiversidade.icmbio.gov.br/portal/. Accessed 12 April 2020.
298
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...