Page 215 - Economia Azul - versão: inglês

2. The sea, the largest portion of the Earth and recently regulated: the the habit of exercising, especially with re- Despite state and doctrinal contesta-
evolution of sea regulation gard to the exploitation of resources in tions, the Mare Liberum thesis won . How-
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these areas (ZANELLA, 2017, p.47). ever, in short, it can be said that it was from
The regulation of the seas and the use initially marked by the idea that the sea In turn, the modern age was marked the quarrel mare liberum X mare clausum
of maritime spaces are directly linked to the was a res communis omnium, that is, it in the theoretical, doctrinal, legal, politi- that the discussion on the principle of free-
history of civilization itself, since the sea has was not subject to appropriation. Thus, the cal, and diplomatic fields by the quarrel be- dom of the seas began, which ended up
always been one of the environments most freedom of navigation and exploitation, tween the defenders of the mare clausum being agreed later. This quarrel, namely
used by all peoples, whether for the ex- namely fishing, in the seas was enshrined, (closed sea) and those of the mare liberum academic, provided the legal basis for the
ploitation of its resources or for navigation since there was no notion of territorial sea (open sea). Discovering the way to India freedom of the seas currently enshrined.
as a means of transport and communica- and appropriation of any maritime parcel, and after their arrival in America, began to However, it was only in the 20th centu-
tion. Thus, the regulation of the exploitation since “the sea is free as air and rainwater.” claim sovereignty over the discovered seas. ry that the regulation of the seas and the
of marine resources and maritime naviga- (MELLO, 2001). Portugal became an empire of routes and use of their resources began to be stan-
tion is as historical as it is current. On the Later, with the advent of the Empire in warehouses, based on some men and high- dardized in international rules in n a qua-
one hand, there are rules related to naviga- Rome, the theory of res communis was aban- end goods, making it necessary to master si-universal way.
tion and appropriation of maritime spaces doned and the Romans began to claim the the seas to ensure its status as a mercantile To this end, in 1930, a international con-
since the beginning of maritime adventures. dominium maris, that is, the Mediterranean power (FERREIRA, 1988, p. 11). ference was held in the city of The Hague
On the other hand, especially when it comes Sea came to be considered a Roman domain One of the first challenges to this sover- under the aegis of the League of Nations
to regulating the exploration and exploita- (GUEDES, 1998). It must be understood that, eignty – the mare clausum thesis – occurred to, among other issues, establish an in-
tion (or use) of marine resources – and the as the Romans were the lords of the seas, with the creation of the English East India ternational scope for the territorial sea.
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sharing of benefits – the rules continue in a the Mediterranean being their mare nos- Company. At the end of the 16th centu- However, this conference ended without it
constant process of standardization. trum, there was no other power that faced ry, invoking the state of war against Spain being possible to define an exact and uni-
Since antiquity, with the first navigator so- them in this space. In this way, the dominium - and now, due to personal union, also versal measure. It was also not possible to
cieties (such as the Phoenicians, Greeks, Per- maris served much more to ensure the Ro- against Portugal - the Dutch aggressive- determine the powers of coastal States be-
sians, Macedonians) there have been some man power of policing, in what we now call ly entered maritime navigation to Africa, yond the territorial sea, but the idea that a
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embryonic rules on the use and appropriation the High Seas, and the exclusive right to fish Brazil, and the east (GUEDES, Op. Cit., p. Contiguous Zone was necessary and con-
of marine spaces and resources. Examples are along the coast (SILVA, 2003). 23). The Company then requested a legal solidated (GIDEL, 1934). The final text of
the Code of Hammurabi , from Babylon (23rd After the fall of the Empire (in 476 AD), study from the young Hugo Grocio, who, the Conference ended up not even being
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century BC) and that of Manu, from the Hin- the various political units that emerged in in 1609, at the age of 26, published the voted on, not constituting an international
dus (13th century BC). However, antiquity is its place quickly attributed their own rights work Mare Liberum (BUTLER, 1826). In his treaty. Despite this, the Conference repre-
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marked by the possibility of appropriation of to Mediterranean waters (GUEDES, 1998). thesis, Grotius defended that the sea is a sented the first major effort to systematize
the seas. In Greece and other maritime states, This becomes evident later, when, in the common thing, insusceptible to appropria- customary international norms, as well as
the appropriation of resources and owner- 13th century, Venice (BAPTISTA, 1997, p. tion, and that its use must be free, mainly contributed significantly to the develop-
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ship was allowed not only over the waters 71) started to call the Adriatic Sea a closed for navigation. For the author, the natural ment of subsequent regulation.
close to the coast, but even far away, the only sea - under its exclusive power -, as well as right of communication is a requirement of In the years following the 1930 confer-
limit being the possibility of maintaining mil- Genoa, which claimed its hegemony over human sociability; State dominion over a ence, there were no major changes in the
itary control of the sea (MELLO, 2001). This the Ligurian Sea (GIDEL, 1934, p.129). This strip of sea is possible, as long as it is in the regulation of the use of maritime spaces
appropriation logically included the natural dominion over the waters adjacent to the adjacent sea (namely the range of a can- and their resources. However, after the
resources of these spaces. coasts and their resources initially appears non shot ), but it is not permissible for the end of World War II, the unilateral proc-
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The regulation of maritime spaces and with Italian cities to justify, in law, the func- open sea to be under the jurisdiction of any lamation of American President Harry Tru-
marine resources in the Roman period was tions that in practice they were already in country (GROTIUS, 1999). man (on September 28, 1945) started a

212 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 213