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binding text, consensually through negoti- all seas and oceans, in addition to all States. When IMO began operations, its main the request is valid, the Continental Shelf
ated and egalitarian agreements, covering Second, this is because of the complexity concern was to develop international trea- beyond 200 miles is approved and the
the various interests at stake. For these rea- and scope of its normative text, which man- ties and other legislation on safety and pre- coastal State will have rights to explore and
sons, the UNCLOS ended up being called aged to solve historical problems and pre- vention of marine pollution. In general, this exploit the living and non-living natural re-
the “Constitution of the Oceans”, in our cisely delimit marine spaces and the rights work has been carried out effectively and sources of this maritime seabed region.
view, a fair comparison and analogy, with and duties of countries in their use. Still, and the organization currently focusing its ef- In addition to the Continental Shelf,
all its limitations that international law itself not least because of its superior character forts on keeping the legislation up to date the seabed is located beyond national ju-
has (SCOVAZZI, 2000) 18 to the other sparse norms, the convention and ensuring ratification by as many States risdiction, the so-called Area. This zone is
Thus, the UNCLOS represented an ex- overlaps the other existing rules of Law of as possible. This has also been achieved conceptualized in the UNCLOS simply as:
traordinary evolution in the international the Sea and creates an environment of inter- quite satisfactorily, with several texts that “Area means the sea ground, the seabed,
law of the sea and navigation. This is firstly, national legal security, since everyone knows apply to more than 98% of the world’s ton- and its subsoil beyond the limits of national
because of its universal character, covering the law to be applied (BASTOS, Op. Cit.). nage of merchant ships. Currently, IMO’s jurisdiction” (UNCLOS, Art. 1, 1).
emphasis is on trying to ensure that these The UNCLOS does not expressly state
3. The application of rules at sea and the disputes in their interpretation: conventions and other treaties are properly what the purposes of the International Sea-
the institutions and the dispute settlement system at sea implemented by member states. bed Authority would be, but it is possible to
On the other hand, when it comes to derive them from the text. In reality, there
Notwithstanding the establishment of of the IMO in the UNCLOS: in Article 2 seabeds, there are two institutions that reg- are two purposes of the Authority: to rep-
the rules relating to the use of maritime of Annex VIII, which deals with the cre- ulate their use and exploitation: the Conti- resent Humanity – to which all the resourc-
spaces and marine resources, on several ation and maintenance of lists of experts nental Shelf Limits Commission (CLCS) and es of the Area belong – and to organize,
occasions there are divergences in the in- for international arbitration, and the IMO the International Seabed Authority (ISA). administer and control the activities in this
terpretation and application of these rules responsible for doing so with regard to The Continental Shelf Limits Commis- maritime zone.
by States, which, on many occasions, end “navigation, including pollution from ves- sion has the function of analyzing the The Authority performs, first of all, a
up using the dispute settlement system at sels and by jettisoning” (UNCLOS, Annex claims of coastal States on the existence dual representative function, never be-
sea created by UNCLOS. In addition, oth- VIII, Art. 1). However, there is an import- or not of a scientific based extended con- fore configured by any other organization
er specialized institutions have the task of ant series of norms in the UNCLOS text in tinental shelf. States that believe that their within the United Nations. On the one
acting in the use of the seas and in the ex- which there is an indirect, but unequivo- continental shelves extend beyond 200 hand, it is the end where States parties
ploitation of their resources. cal, reference to the IMO. This is primarily nautical miles must carry out a topograph- to UNCLOS express their opinions, nego-
When it comes to maritime navigation, through the expression “competent in- ic study and submit a request to extend tiate and make decisions, with a view to
the main institution is the International ternational organization” (UNCLOS, An- the legal regime of the continental shelf organizing and controlling activities in the
Maritime Organization (IMO), which is re- nex VIII, Art. 1). As the institution under beyond these 200 miles. Area. On the other hand, it is more than
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sponsible for taking care of safety measures analysis is an international organization This delimitation beyond 200 miles a simple means of collective expression
in international navigation and environ- and has a universal mandate to deal with works, in practice, as follows: the coastal by its members. It is also the organization
mental issues in the marine environment, issues of maritime safety and pollution, it State carries out a study to delimit what it that represents all of Humanity. 3
with the slogan: “Safe, secure and efficient is evident that it is the International Mar- understands to be its Continental Shelf, us- The administration of the Area and its
shipping on clean oceans” . itime Organization (VENTURA, 2005) Fur- ing the rules established by the UNCLOS. resources is the Authority’s second purpose.
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The IMO plays an important role in the thermore, the UNCLOS speaks of “gen- After that, it is presented to the Continen- This does not mean that you own a property
implementation of the United Nations erally accepted” rules, standards, regula- tal Shelf Limits Commission, composed of right, but you can only manage the explo-
Convention on the Law of the Sea (UN- tions, procedures and practices, which the 21 members, which will analyze the scien- ration in this area. To this end, the Author-
CLOS) of 1982 (BLANCO-BAZÁN, 2000). doctrine understands to refer to norms tific data and vote on the State’s request. If ity must control all activities carried out in
There is thus only a single textual mention and parameters established by the IMO. 21 a two-thirds qualified majority agrees that the Area in accordance with the regulations

216 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 217