principles. For instance, Art. 225 states that “everyone has the right to an ecologically balanced environment, a common use good of the people and essential to a
healthy quality of life” and imposes on the different governments, economic actors
and the community the duty to defend and preserve it for present and future
generations.
73 In order to ensure the effectiveness of that broad right to an ecologically balanced environment, the Brazilian Magna Charta obliges the public administration to require a previous environmental impact assessment for the installation of
construction works or activities which may cause significant degradation of the
environment. As one can anticipate, several continental shelf activities fall invariably
within that scope, and shall, thus, be controlled on constitutional (and
infraconstituional) grounds.
Apart from the Constitution, Act 8.716/93, or “Ocean Act”, has domestically
regulated large portions of UNCLOS, namely the coastal state’s powers and duties
within diverse maritime zones. For instance, it revoked the infamous Decree-Law
no. 1.098/70, thus replacing the former territorial sea of 200 nm by one of 12 nm, in
line with Art. 3 UNCLOS. Materially, the Ocean Act dedicates four general clauses
governing the coastal state’s jurisdiction on the continental shelf, especially for the
purposes of regulating: marine scientific research, environmental protection, and the
construction, operation and use of artificial islands and installations on the continental shelf. The Act reads as follows:
Article 11. The Brazilian continental shelf comprises the seabed and subsoil of submarine
areas that extend beyond its territorial sea, throughout the natural extension of its land
territory, to the outer edge of the continental margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of the territorial sea is measured, in cases where
the outer edge of the continental margin does not reach that distance.
Single paragraph. The outer limits of the continental shelf shall be fixed in accordance
with the criteria established in Art. 76 of the United Nations Convention on the Law of the
Sea, signed at Montego Bay on 10 December 1982.
Article 12. Brazil exercises sovereign rights over the continental shelf for the purposes of
exploiting natural resources.
Single paragraph. The natural resources referred to in the caput are the mineral and other
non-living resources of the seabed and subsoil, as well as the living organisms belonging to
sedentary species, i.e. those which at a harvestable stage are on the seabed or in its subsoil, or
which can only move in constant physical contact with the seabed or subsoil.
Article 13. On the continental shelf, in the exercise of its jurisdiction, Brazil has the
exclusive right to regulate marine scientific research, the protection and preservation of the
marine environment, as well as the construction, operation and use of all types of artificial
islands, facilities and structures.
Paragraph 1. Marine scientific research on the continental shelf may only be conducted by
other States with the prior consent of the Brazilian Government, in accordance with the
legislation in force that regulates the matter.
73 Art. 225, caput, Brazilian Federal Constitution.
10.2 How Far Has Brazil Gone?
321
healthy quality of life” and imposes on the different governments, economic actors
and the community the duty to defend and preserve it for present and future
generations.
73 In order to ensure the effectiveness of that broad right to an ecologically balanced environment, the Brazilian Magna Charta obliges the public administration to require a previous environmental impact assessment for the installation of
construction works or activities which may cause significant degradation of the
environment. As one can anticipate, several continental shelf activities fall invariably
within that scope, and shall, thus, be controlled on constitutional (and
infraconstituional) grounds.
Apart from the Constitution, Act 8.716/93, or “Ocean Act”, has domestically
regulated large portions of UNCLOS, namely the coastal state’s powers and duties
within diverse maritime zones. For instance, it revoked the infamous Decree-Law
no. 1.098/70, thus replacing the former territorial sea of 200 nm by one of 12 nm, in
line with Art. 3 UNCLOS. Materially, the Ocean Act dedicates four general clauses
governing the coastal state’s jurisdiction on the continental shelf, especially for the
purposes of regulating: marine scientific research, environmental protection, and the
construction, operation and use of artificial islands and installations on the continental shelf. The Act reads as follows:
Article 11. The Brazilian continental shelf comprises the seabed and subsoil of submarine
areas that extend beyond its territorial sea, throughout the natural extension of its land
territory, to the outer edge of the continental margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of the territorial sea is measured, in cases where
the outer edge of the continental margin does not reach that distance.
Single paragraph. The outer limits of the continental shelf shall be fixed in accordance
with the criteria established in Art. 76 of the United Nations Convention on the Law of the
Sea, signed at Montego Bay on 10 December 1982.
Article 12. Brazil exercises sovereign rights over the continental shelf for the purposes of
exploiting natural resources.
Single paragraph. The natural resources referred to in the caput are the mineral and other
non-living resources of the seabed and subsoil, as well as the living organisms belonging to
sedentary species, i.e. those which at a harvestable stage are on the seabed or in its subsoil, or
which can only move in constant physical contact with the seabed or subsoil.
Article 13. On the continental shelf, in the exercise of its jurisdiction, Brazil has the
exclusive right to regulate marine scientific research, the protection and preservation of the
marine environment, as well as the construction, operation and use of all types of artificial
islands, facilities and structures.
Paragraph 1. Marine scientific research on the continental shelf may only be conducted by
other States with the prior consent of the Brazilian Government, in accordance with the
legislation in force that regulates the matter.
73 Art. 225, caput, Brazilian Federal Constitution.
10.2 How Far Has Brazil Gone?
321