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imposed by the 1982 Convention, as well on the other hand, those who criticize the
as the 1994 Agreement. 23 large number of options (BROWN, 1997, p.
Finally, other key institutions in the regu- 41). However, even understanding that the
lation of the seas are dispute settlement at multiplicity of mechanisms is not the most
sea, such as the International Tribunal for ideal and perfect model for resolving dis-
the Law of the Sea (ITLOS). These are not putes on the law of the sea, it was the way
strictly regulatory bodies, but international in which the States, during the III Confer-
courts with powers to resolve disputes in ence, managed to obtain the adhesion and
relation to the rules of the law of the sea. In acceptance of the countries on the issue.
fact, ITLOS is not the only means of resolv- In other words, it was better to create a
ing disputes at sea. The 1982 Convention system that, despite not being ideal, made
then brings a list of procedural options to great progress towards the peaceful solution
the parties that, in accordance with their of disputes over the law of the sea, than the
freedom of choice, may use: a) Conciliation, lack of a system of its own. Especially be-
regulated in Annex V, Articles 284 and 298, cause the general objective of Part XV – the
Number1, subparagraph a) of the UNCLOS peaceful settlement of disputes – has been
(which make up the core of non-binding reasonably well achieved (BASTOS, Op. Cit.,
solutions); b) the International Tribunal for p.217; KARAMAN, 2012, p. 319).
the Law of the Sea (ITLOS), regulated by In any case, it can be said that the
Annex VI; c) an ad hoc Arbitral Tribunal to dispute settlement system in the law of
be constituted along the lines of Annex VII the sea operates as follows: a) it is up to
(MAROTTA RANGEL, 2002, p. 647) ; d) a the parties to resolve their own disputes
4
special Arbitration Court on matters of fish- peacefully; b) the parties can request the
ing, protection and prevention of the marine intervention of a third party to carry out
environment, scientific research and naviga- a reconciliation and reach a common
tion, constituted in the light of Annex VIII; e) agreement; c) if the solution is not found,
and, furthermore, there is always the possi- section 2 also applies, in which the States
bility of accessing the International Court of choose which mechanism they will use; d)
Justice, according to article 287, number 1, if it is not possible to reach a consensus on
subparagraph b). which procedure to adopt, an arbitral tri-
This creates multiple mechanisms for bunal is created to settle the dispute, with
choosing the parties involved in disputes. a binding decision; e) the other procedures
This multiplicity of chambers and proce- are only used – such as the ITLOS – by the
dures generated – and still generates – a will and deliberate choice of the States in-
lot of discussion in the internationalist doc- volved; however, once chosen, the parties
trine. On the one hand, there are those must submit to their decision (COSTA and
who defend them (CHARNEY, 1996, p. 74), SILVA, 2004 and MENSAH, 1998).
218 BLUE ECONOMY
4. Perspectives of a paradigm shift: the sea increasingly as a source of
resources, in addition to a means of communication
In fact, as stated in the evolution of has generated a race for resources, such
the use and regulation of the sea, when it as energy, those mainly related to genetic
goes back to its beginnings; even before heritage and marine biodiversity. It neither
being an important means of communica- regulated nor created an International Or-
tion between peoples, its first use was as a ganization that would become a perenni-
source of subsistence resources with fish- al regulator of the sea, nor did it spatially
ing. Therefore, all the regulatory effort, so organize the immense liquid mass of the
time-consuming and late, of the relation- High Seas - beyond those waters that UN-
ship between human beings and the sea CLOS itself had attributed some right (or,
was, little by little, consolidating itself in the secondarily, power) to the coastal States.
attempt to regulate the peaceful use of the Therefore, it can be said that this process
sea. Much has already been achieved, but still has prospects for new regulations. And
two premises seem to have been overcome. there are initiatives in this sense, for exam-
The first, in relation to the ‘peaceful ple with the UN’s new international call for
use of the sea’. The UNCLOS, built under a new Conference (in progress since 2017)
a bipolar geopolitical environment (the US- to regulate marine Biodiversity Beyond Na-
USSR Cold War), avoided getting involved tional Jurisdiction (BBNJ Convention, un-
in non-consensual themes such as the der construction).
non-peaceful use of the seas (that is, cases In fact, it is inaccurate to say that the
of classic armed conflicts) as it is a topic di- sea, as a means of communication be-
rectly affected by the state sovereignties and tween peoples, has lost importance. It is
that would generate impasses in the polit- still through this medium that about 90%
ical-ideological bipolarity. The new world of the world’s flow of goods is made (ICS,
order is evolutionary and little progress has 2022). Globalization has only increased this
been made in relation to the regulation of flow. So much so that important expansion
the use of the sea in conflicting situations, works were carried out in the Suez and
leaving, although very outdated in time, the Panama passages to allow the flow of even
greatest contributions arising from the so- larger ships. This could confirm the maxim
called Hague Peace Conventions, from the of Corbett’s strategy that whoever controls
turn of the 19th century and the beginning the “lines of communication” has control
of the 20th century. The second issue is of the sea (CORBETT, 1918). However,
that, at the time of the 3rd United Nations technology has added new meaning to this
Conference on the Law of the Sea (1973 – early 20th century concept of ‘line of com-
1982), there was no change in the perspec- munication’, first with submarine cables
tive of the interest of the sea, alternating for the telephone network and today with
from just a means of communication to a the immense network of submarine cables
relevant intrinsic source of resources. This that is responsible for more than 99% of
The Regulation of the Sea: Consolidation and Perspectives 219