4,326,718 ha
68 and aims at full environmental protection, but excluded the main
islands of the Archipelago,
69 which are precisely the richest in biodiversity.
70
In advancing its assertion over the EEZ around the Archipelago, Brazil has thus
shown yet another merit; namely, that of striving for the preservation and conservation of the marine environment, advancing an interest of the international community as a whole. Upon the designation of the protected areas, Brazil now complies
with Goal 11 of the Aichi Targets, which requires a minimum of 10% of the national
marine areas under some sort of legal protection.
71 The EEZ around the Archipelago
corresponds to 15% of the Brazilian EEZ, approximately 10% of the country’s
marine area, and 6% of its land territory. Seen from this perspective, the islands
and the PROARQUIPÉLAGO Program are pivotal, both to the national policy of
promoting awareness to the need of protecting the “Blue Amazon”, as well as to the
promotion of enhanced knowledge and the sustainable management of Brazilian
oceanic resources.
6 Concluding Remarks
Back to the initial question that prompted this contribution, regarding whether in
light of the recent understandings espoused by the Arbitral Tribunal in the SCS
Arbitration, concerning the definition of “island”, one could regard the
PROARQUIPÉLAGO Program as a demonstration of unfounded territorialism in
the sea: the answer is negative. The application of UNCLOS Article 121 is extremely
complex, as there is an abundance of possible interpretations on the meaning of each
phrase in that provision, which can lead to different conclusions. Due to the
vagueness of the UNCLOS islands’ regime and the political and strategic sensitivity
of islands to every State in the world, countries’ understandings and practices turn
out to be heterogeneous. Thus suggesting that the application of Article 121 ought to
68 Art. 2 (2). Decree 9.313.
69 Art. 2 (1). Decree 9313.
70 The islands form the most isolated tropical archipelago on the planet. Because of its isolation, it
has a huge concentration of endemic and endangered species. For more information, see VIANA
et al. (2009), p. 249. For that reason, the Decree has been targeted by domestic criticism, i.e. for
allowing for several uses of the area via designation of an Environmental Production Area—APA
(which are usually softer than other sorts of protected zones under Brazilian legislation, according to
the Brazilian Act on Nature Conservation Units, 9.985, 18 July 2000.), as well as for not adequately
promoting the conservation of biodiversity and rare or fragile ecosystems in the islands’ environment. It escapes, however, the purpose of this chapter to dive into such detail.
71 In the midst of the tenth Conference of the Parties to the Convention on Biological Diversity, the
Aichi Targets were established, including “Target 11: By 2020, at least 17 per cent of terrestrial and
inland water areas and 10 per cent of coastal and marine areas, especially areas of particular
importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other
effective area-based conservation measures, and integrated into the wider landscape and seascape.”
15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article. . .
283
68 and aims at full environmental protection, but excluded the main
islands of the Archipelago,
69 which are precisely the richest in biodiversity.
70
In advancing its assertion over the EEZ around the Archipelago, Brazil has thus
shown yet another merit; namely, that of striving for the preservation and conservation of the marine environment, advancing an interest of the international community as a whole. Upon the designation of the protected areas, Brazil now complies
with Goal 11 of the Aichi Targets, which requires a minimum of 10% of the national
marine areas under some sort of legal protection.
71 The EEZ around the Archipelago
corresponds to 15% of the Brazilian EEZ, approximately 10% of the country’s
marine area, and 6% of its land territory. Seen from this perspective, the islands
and the PROARQUIPÉLAGO Program are pivotal, both to the national policy of
promoting awareness to the need of protecting the “Blue Amazon”, as well as to the
promotion of enhanced knowledge and the sustainable management of Brazilian
oceanic resources.
6 Concluding Remarks
Back to the initial question that prompted this contribution, regarding whether in
light of the recent understandings espoused by the Arbitral Tribunal in the SCS
Arbitration, concerning the definition of “island”, one could regard the
PROARQUIPÉLAGO Program as a demonstration of unfounded territorialism in
the sea: the answer is negative. The application of UNCLOS Article 121 is extremely
complex, as there is an abundance of possible interpretations on the meaning of each
phrase in that provision, which can lead to different conclusions. Due to the
vagueness of the UNCLOS islands’ regime and the political and strategic sensitivity
of islands to every State in the world, countries’ understandings and practices turn
out to be heterogeneous. Thus suggesting that the application of Article 121 ought to
68 Art. 2 (2). Decree 9.313.
69 Art. 2 (1). Decree 9313.
70 The islands form the most isolated tropical archipelago on the planet. Because of its isolation, it
has a huge concentration of endemic and endangered species. For more information, see VIANA
et al. (2009), p. 249. For that reason, the Decree has been targeted by domestic criticism, i.e. for
allowing for several uses of the area via designation of an Environmental Production Area—APA
(which are usually softer than other sorts of protected zones under Brazilian legislation, according to
the Brazilian Act on Nature Conservation Units, 9.985, 18 July 2000.), as well as for not adequately
promoting the conservation of biodiversity and rare or fragile ecosystems in the islands’ environment. It escapes, however, the purpose of this chapter to dive into such detail.
71 In the midst of the tenth Conference of the Parties to the Convention on Biological Diversity, the
Aichi Targets were established, including “Target 11: By 2020, at least 17 per cent of terrestrial and
inland water areas and 10 per cent of coastal and marine areas, especially areas of particular
importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other
effective area-based conservation measures, and integrated into the wider landscape and seascape.”
15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article. . .
283