Page 223 - Economia Azul - versão: inglês

transoceanic communications. (AUGUSTO, mechanisms, but there are huge gaps for region, called “Area”, is addressed. This the definitive “exploitation mining codes”
2019). This degree of dependence on the which, today, attempts are being made to immense ecosystem wealth and, until UN- has been implemented and the Company,
flow of information in a globalized world build new control mechanisms. CLOS, little known reserve of resources as a manager of resources arising from this
alone would justify the statement. Al- The exploitation of non-living resourc- was an important and innovative gover- exploitation, has not yet established itself
though some regulation of the use of sub- es, in maritime geographic areas under the nance framework introduced by the Con- as consolidated. This is a new undertaking
marine cables was foreseen in the UNCLOS, protection of state ‘sovereignty rights’, is vention. Two institutions were conceived that will be implemented in many stages.
it did not have the relevance it has acquired fully under the decisions of these Coastal and created. The first – International Sea- The second question is in relation to the
with today’s completely interconnected States. How can we guarantee that such bed Authority – ISA, was, legally speaking, immense wealth in the net mass overlying
world; for example, its security mechanisms activities cannot compromise the rights of something really innovative, because it is the Area. The UNCLOS did not add any
(from a security perspective) were very little other States or even of humanity in the an International Organization (therefore, formal responsibility to any created Institu-
regulated. Vulnerability is great and lacks event of unsustainable activities? There are formed by Member States – in a classic) tion, it regulated little in relation to living
greater protection instruments, both in wa- few international instruments that support that acquired legality and legitimacy to resources (especially fish), so much so that
ters under state jurisdiction and even in in- any exogenous action in this perspective. settle on territory (soil and marine sub- it made room for new specific conventions
ternational waters. The same can happen in relation to living soil of the Area) outside the jurisdictions and regional agreements (as already men-
However, the perspective of under- resources. Some species may become erad- of its member States. This normative con- tioned) and even less in relation to the intel-
standing the sea as an intrinsic source of icated or, worse, in the case of migratory struction took advantage of an innovative lectual property of patents, applicable tools
resources has also changed radically in re- species, the unilateral action of the State, concept (already discussed in this chapter) and biogenetics. This regulatory gap in re-
cent decades (BEIRÃO, 2018, p. 59-63). even in areas under its right of exploitation, of the ‘common heritage of humanity’. lation to this mass, after intense reluctance
What was once almost exclusively a source may imply serious risks to the ecosystem It is responsible for analyzing and autho- on the part of the International Society to
of protein from fish, today is the new El- imbalance and sustainable economic devel- rizing the exploration and exploitation of make a new international conference via-
dorado of renewable and non-renewable opment of other States. In this sense, great resources. Technological advances were ble, ended up being achieved with the for-
resources on the planet. progress has been made in the construc- slow to make these activities economically mal call for the United Nations Conference
This exploratory perspective – and, tion of new regional arrangements for con- viable, but two factors made them accel- on Biodiversity Beyond National Jurisdiction
therefore, fully related to the economy of trolling fisheries and even international con- erate: technology and, alternatively, the (the so-called BBJN) which, since 2017 is in
the sea – was not the focus when the UN- ventions related to migratory species (such Agreement on the implementation of Part force and has not yet reached its final term.
CLOS was drafted, even though one of its as the case of tuna). Regional Fisheries Man- XI of the UNCLOS, which tried to resolve That said, there are still exploratory par-
principles has been the “peaceful use of agement Organizations (RFMOs) have been several questions regarding the creation of adigms that need to be built for the con-
the seas and oceans, the equitable and re- created in several ocean regions. However, the second institution: the ‘Enterprise’. sequent leverage of the economic viability
source efficient (...)” (UNCLOS, Preamble). for the time being, this is not a reality in the Therefore, this regulation is still a pro- of use, increasingly demanded in terms of
At the time, the dimension that non-living Western South Atlantic, so there is also no cess under construction since, to conduct sustainability, of these immense resourc-
resources would acquire (Oil & Gas – Off- such articulation, supported by an interna- exploitation, there is a need to agree on es. And in this vein, not only the States
shore, other gaseous resources, scarce min- tional agreement, that helps this type of co- specific regulations for each type of sub- are being relevant actors, but all the other
erals in emerged lands, limestone, etc.) and ordinated action between the South Ameri- stance (polymetallic nodules, cobalt crusts, international actors that wish to influence
even living resources (which in addition to can coastal states of the South Atlantic. and polymetallic sulfide gases, among oth- this governance.
the natural fish, gained immense wealth Finally, it is now the immense portion of ers possible and viable). To date, none of
in marine biogenetics and much research, the ocean beyond state jurisdictions. Both
especially in the pharmaceutical industry). in relation to the water mass and in relation
And it is precisely in this dimension that the to the soil and subsoil.
UNCLOS does not materialize as a sufficient Initially, the regulation of the eventual
instrument. She pointed out some solution exploitation of the soil and subsoil of this

220 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 221