on the legal definition of “island” and the country’s jurisdictional claims over the
EEZ and continental shelf around Brazilian rocky features offshore, claims which
have gone uncontested by the international community. Of the Brazilian oceanic
features,
17 those that set up a borderline situation with respect to the right to an EEZ
and continental shelf of their own are the ones of the São Pedro and São Paulo
Archipelago. For them, Brazil engaged fiercely during negotiations and after the
adoption of UNCLOS to make justice to all the rights guaranteed by Article 121 of
the Convention to islands.
3 The Archipelago of São Pedro and São Paulo: Brazilian
Jurisdictional Assertions
A relevant legal overlap for most coastal States consists in the one between the EEZ
regime and that of islands, parts V and VIII of the Convention, respectively.
18 In this
regard, UNCLOS Article 121, which has somewhat timidly disciplined the islands’
regime, defines “island” as a natural formation of land, surrounded by water and
uncovered during high tide. These formations, provided they meet the conventional
requirements, shall be entitled to territorial sea, contiguous zone, continental shelf
and an EEZ of their own. A most relevant exception to such an entitlement dictates
that “rocks which cannot sustain human habitation or economic life of their own
shall have no exclusive economic zone or continental shelf”—Article 121 (3) of
UNCLOS.
In light of the exception contained in paragraph 3, while there have never been
doubts regarding the status of the island of Fernando de Noronha, and Trindade and
Martim Vaz, the same could not be automatically maintained concerning the São
Pedro and São Paulo islands, what could have called into question the right to an
EEZ and a continental shelf around them. The Archipelago consists of a set of small
rocky islands which host no forests, springs, sand, beach, nor any other landscape of
the kind. According to the Brazilian Navy, biodiversity on the rocks themselves is
maritime transport, Brazilian areas of sovereignty/jurisdiction at sea, percentage of offshore hydrocarbon resources, the existence of UNCLOS as well as the LEPLAC—the Brazilian Continental
Shelf Survey Program. See Centro de Excelência para o Mar Brasileiro (CEMBRA) (2012), pp.
455–471.
17 Other oceanic features upon which Brazil exercises sovereignty are: Fernando de Noronha,
pertaining to the State of Pernambuco; Trindade and Martim Vaz, belonging to the State of Espírito
Santo; Atol das Rocas, pertaining to the State of Rio Grande do Norte; and Abrolhos, archipelago
located at the coast of Bahia. The latter two features are relatively small colarine formations,
unsuitable for human habitation.
18 Historically, the importance of islands has gradually increased. Initially, an island did not have the
same conception of land as the continent, thereby not generating a territorial sea, for instance. It is
not the case nowadays. Besides, upon the creation of the EEZ and the continental shelf regimes,
strategic interest in island-like features has increased exponentially.
15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article. . .
269
EEZ and continental shelf around Brazilian rocky features offshore, claims which
have gone uncontested by the international community. Of the Brazilian oceanic
features,
17 those that set up a borderline situation with respect to the right to an EEZ
and continental shelf of their own are the ones of the São Pedro and São Paulo
Archipelago. For them, Brazil engaged fiercely during negotiations and after the
adoption of UNCLOS to make justice to all the rights guaranteed by Article 121 of
the Convention to islands.
3 The Archipelago of São Pedro and São Paulo: Brazilian
Jurisdictional Assertions
A relevant legal overlap for most coastal States consists in the one between the EEZ
regime and that of islands, parts V and VIII of the Convention, respectively.
18 In this
regard, UNCLOS Article 121, which has somewhat timidly disciplined the islands’
regime, defines “island” as a natural formation of land, surrounded by water and
uncovered during high tide. These formations, provided they meet the conventional
requirements, shall be entitled to territorial sea, contiguous zone, continental shelf
and an EEZ of their own. A most relevant exception to such an entitlement dictates
that “rocks which cannot sustain human habitation or economic life of their own
shall have no exclusive economic zone or continental shelf”—Article 121 (3) of
UNCLOS.
In light of the exception contained in paragraph 3, while there have never been
doubts regarding the status of the island of Fernando de Noronha, and Trindade and
Martim Vaz, the same could not be automatically maintained concerning the São
Pedro and São Paulo islands, what could have called into question the right to an
EEZ and a continental shelf around them. The Archipelago consists of a set of small
rocky islands which host no forests, springs, sand, beach, nor any other landscape of
the kind. According to the Brazilian Navy, biodiversity on the rocks themselves is
maritime transport, Brazilian areas of sovereignty/jurisdiction at sea, percentage of offshore hydrocarbon resources, the existence of UNCLOS as well as the LEPLAC—the Brazilian Continental
Shelf Survey Program. See Centro de Excelência para o Mar Brasileiro (CEMBRA) (2012), pp.
455–471.
17 Other oceanic features upon which Brazil exercises sovereignty are: Fernando de Noronha,
pertaining to the State of Pernambuco; Trindade and Martim Vaz, belonging to the State of Espírito
Santo; Atol das Rocas, pertaining to the State of Rio Grande do Norte; and Abrolhos, archipelago
located at the coast of Bahia. The latter two features are relatively small colarine formations,
unsuitable for human habitation.
18 Historically, the importance of islands has gradually increased. Initially, an island did not have the
same conception of land as the continent, thereby not generating a territorial sea, for instance. It is
not the case nowadays. Besides, upon the creation of the EEZ and the continental shelf regimes,
strategic interest in island-like features has increased exponentially.
15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article. . .
269