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THE REGULATION OF THE SEA:

CONSOLIDATION AND PERSPECTIVES

André Panno Beirão
Tiago Vinícius Zanella

1. Introduction

In spite of almost 70% of the Earth’s The present work, therefore, more than
crust is covered by water - mainly not wa- presenting conclusions based on previ-
ters considered inland or archipelagic, those ous facts, presents some perspectives that
subject to a legal regime equal to the dry demonstrate this continuous search for
territory of the States that insert them - this codification and for the consensual use of
largest part of the Planet was one of the the sea. Faced with a succinct analytical ap-
last great questions faced for regulation. proach, it intends to address how this slow
Whether to resolve its relationship with process of regulation of most of the earth’s
coastal States (and even landlocked, which surface was, in the face of a brief historical
have also been incorporated into rights and retrospective that demonstrates how this
duties), or to try to seek sustainable use for debate is growing. Next, it seeks to demon-
the entire Planet for its conservation, ex- strate that, for its consolidation, there was a
ploration, exploitation or even use, these need to create new institutions and even an
goals only managed to come to an end at international court that sought to consoli-
the end of the 20th century. Therefore, it date the numerous disputes existing at sea.
would be premature to consider that this The third aspect to be addressed seeks
international regulatory exercise would to demonstrate how this process is not stat-
have exhausted and consolidated all the ic and that it meets with real prospects for
demands and potentialities in relation to new regulations, some of which can even
the sea, especially considering the immense influence the change in paradigms of the
new technological revolution underway. use of the sea, increasingly as a source of
Therefore, it seems premature to consid- resources, as well as communication link.
er the so-called Law of the Sea, or as other Finally, it seeks to illustrate some new per-
scholars choose, the International Law of the spectives on the use of the sea and regu-
Sea - already accepted as a special branch latory shortcomings that justify the grow-
of Law - as something static and pragmatic, ing adhesion of the maritime theme in the
only serving for reflection, and considering its global agenda, especially in the decade
current stage as a premise. (TANAKA, 2015). 2021-2030.

210 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 211
The Regulation of the Sea: Consolidation and Perspectives 211