Os fundos marinhos e sua regulamentação pelo direito internacional

AUTOR(ES)

Susana Cordenonsi Andreola

DATA DE PUBLICAÇÃO

2009

RESUMO

With the advance of technology occurred starting from the end of the 50s, it became possible to deepen the research in relation to the resources of the Seabed. Because of this, speculation began about the great economic potential of polymetallic nodules, mineral resources found on the Seabed, and the interest of countries in that area started. Since there was no clear definition regarding the legal regime of the area, which until then was treated as part of the High Seas, and in order to avoid that only a few countries could benefit from Seabed located beyond national jurisdiction, this and its resources were established as common heritage of mankind and it was defined that this heritage needed an international regulation. This present study aims the analysis of this international regulation established by the Montego Bay Convention, modified by the Agreement on Implementation of Part XI and implemented by the instruments adopted by the International Seabed Authority, in relation to the Seabed located outside national jurisdiction, that was called Area by the Convention, and its resources. Thus, in the first part of this study, an examination of various provisions of the Convention concerning the regime established by it for the Area and its resources is done, with the analysis of the administrative body established to manage the resources: the International Seabed Authority. In the second part, the significant modifications of the rules relating to the Seabed brought by the Implementation of Part XI, which diminished the scope of the principle of common heritage of mankind, and the entry into force of the international regulation, are analyzed. Furthermore, in the second part of this study an exam of the environmental issues is made, given their importance to the topic.

ASSUNTO(S)

area fundos marinhos international regulation montego bay convention agreement relating to the implementation of part xi of the convention seabed convencao de montego bay : direito maritimo meio ambiente marinho marine environment regime juridico international seabed authority common heritage of mankind regime

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