Environmental Jurisdiction in the Law of the Sea

This book assesses the environmental jurisdiction of coastal states over the seabed within and beyond 200 nautical miles from the baselines, thus mapping out coastal states' competencies to regulate activities impacting the marine environment of the sea floor. In addition, it offers revealing insights into the domestic legal and policy framework of a particular State in this regard. As Brazil intends to exploit mineral resources farther away offshore, technologically backed by the recognised expertise of its state-owned oil company, Petrobras, questions arise as to the adequacy of the country's domestic legal framework to sustainably manage the immenseness of the Brazilian Blue Amazon. This book critically evaluates the compatibility of Brazil's national policies and legislation with the Law of the Sea, as well as the country's legal and institutional preparedness to face the challenges of managing approximately 4,5 million km² of maritime spaces under national jurisdiction.

Provides first-hand insights on the governance and legal framework of the Brazilian Blue Amazon Presents a critique of the incautious use of the phrase "creeping jurisdiction" in the Law of the Sea Offers a compelling defence of coastal states' environmental jurisdiction on the continental shelf

Autorentext

Victor Ventura. Head of Legal Office at the Environmental Protection Agency of Paraiba, Brazil (SUDEMA). Ph.D. in Public International Law (Universität Hamburg) and LL.M. in International Law of Human Rights, with emphasis in International Environmental Law (Federal University of Paraíba - UFPB). Legal Assistant to the International Tribunal for the Law of the Sea (ITLOS) in 2018. Lecturer of International Law of the Sea at the Universität Hamburg from 2017 to 2018. Published papers in specalized journals and book chapters on the Law of the Sea, Environmental Law, Marine Governance and Human Rights. Currently a Brazilian Specialist to the International Union for Conservation of Nature (IUCN); member of the Center for Political and Strategic Studies of the Brazilian Navy (CEPE), and founding member of the Brazilian Institute for the Law of the Sea (BILOS). Licensed Attorney-at-law before the Order of Attorneys of Brazil (OAB).

Inhalt

1. Introduction: Setting the Stage.- 2. The General International Legal Regime of the Continental Shelf.- 3. The Continental Shelf Beyond 200 nm: Innovations in Art. 76 UNCLOS.- 4. Sovereignty and Jurisdiction in the Law of the Sea.- 5. Jurisdictional Intersections Between the Continental Shelf and Other Maritime Spaces: Exclusive Economic Zone, High Seas and the Area.- 6. Creeping Jurisdiction in the Law of the Sea: Threat to Navigational Freedoms or Stand Against Spoliative Jurisdiction?.- 7. Legal Basis of Coastal States' Environmental Jurisdiction on the Continental Shelf.- 8. Material Extent of Coastal States' Environmental Jurisdiction on the Continental Shelf.- 9. The Environmental Dimension of the Brazilian Blue Amazon: Environmental Rights and Duties on the Continental Shelf.- 10. Brazilian Legal Framework Applicable to the Blue Amazon's Seabed: An Assessment of Consistency with International Law.- 11. Conclusions.