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5. New perspectives on the use of the sea and regulatory deficiencies seemed to have settled the matter. Howev- merged sea floor at the North Pole (refer-
er, several unilateral initiatives have shown ring to historical territorial landmarks). In
Other founding paradigms of this reg- Still under this same mantle of uncondi- that this appetite for ‘territorialization of the other words, the “sea of all” continues in

ulatory evolution have also been gradually tional respect for the sovereignty of States, seas’ persists (OXMAN, 2006). a movement pointed out by President Tru-
rethought. Although there is a perception there was a clear expression in the Conven- This continuous and still uninterrupt- man, of the USA, in 1945, who prophesied
of the sea as free and common to all who tion of reservations and immunities main- ed movement is not only manifested by that, first there was the colonization of the
wanted to make use of it, this is not the tained for State ships (understood mostly the request for extension of Continental New World, then the developed peoples
actual reality. In essence, the great naval as Warships, but also other ships that are Shelves which, according to a 2010 survey, colonized Africa, however, the next move-
powers advocate this “freedom of naviga- formally under the official guardianship of already added up to over 177 million km² ment would be the “colonization” of the
tion”, understood in the broadest possible the State - such as ships of Heads of State (approximate area of all of North America seas. And so it goes, in perspective.

conception, among other reasons, because and Government) (ZANELLA, 2017). (USA, Canada and Mexico added togeth- The third paradigm that is seen from the
they have maritime power (Naval Forces This precaution with State´s Ships and er) (SCHOOLMEESTER, BAKER - UNEP/ perspective of change, stems from the nat-
– military and Merchant Fleet) capable of unconditional respect for the Sovereignty GRID-ARENDAL, 2011) which, added to ural technological advances, some already
occupying the oceans as a hole. On the of States (with only rare exceptions pro- the already consolidated MT and ZEE of present and others about to be massified,
other hand, States with fewer resources vided by the Convention, such as cases of the States, represented about 47% of the such as the issue of cyber security of mari-
and power tend to advocate the attempt trafficking in narcotic substances or slaves, entire global maritime surface. And that time power that can impact various security
to delimit spaces – especially along their for example) ended up contributing little movement continues. In 2020, another 17 aspects at sea. Or, mainly, the perspective
coasts – in order to have minimally exclusiv- to the regulation of facing threats to Mar- million km² were added to this area (cor- grows of the introduction of autonomous
ist rights. This dilemma persists. In spite of itime Security, especially regarding the so- responding to the territory of Russia) and maritime (both merchant and war) ships.
the aforementioned regulation through the called classic threats (naval wars between the percentage of areas under some form This possibility, when implemented, will
UN Conventions, it has apparently consoli- States), but also regarding the so-called of state control already exceeded to about confront the fundamentals of the law of
dated these powers and rights. “new threats” such as the cases of Mar- 53% of the maritime area (BEIRÃO, 2022). the sea. The first of them, in relation to the
The political-ideological rivalry of the pe- itime Piracy and Terrorism. In relation to However, this expansionist movement shipping traffic, since several attributions
riod gave the Convention (UNCLOS) a sprit classic threats, the more specific Conven- is not only materialized with requests for and responsibilities - arising from the princi-
de la loi, manifest from its preamble, which tions (and protocols) in force refer to the extension of Continental Shelves. States ple of the Flag State - reside under the for-
is the unconditional respect for the principle initiatives of the so-called Hague Confer- have expressed this willing of power, also mal tutelage of the Ship´s Captain. How to
of the “Sovereignty of the Peoples”, that ences, from the turn of the 19th to the making use of concepts not provided for in resolve the various issues in which UNCLOS
unfolded into two founding principles of the 20th century, which made much progress the UNCLOS and of unilateral regulations transfers this decision to the Captain in the
Convention. These principles are respect for in both jus ad bellum and jus in bello. such as the concepts of “Dominial Sea” of event of his physical absence on the ship?
the inherent rights of States - materialized in The second likely issue that is still under Peru (which considers full domain – which The second perspective of the advance to-
concepts such as sovereignty in the Territori- construction is the surreptitious expansion would only be in its MT – until 200MN), wards autonomy at sea is more related to the
al Sea, the “sovereignty rights” in its Contig- of state power over maritime areas. The the “Chile’s presential sea” (which con- naval power, it also confronts the very defi-
uous Zones, Exclusive Economic Zones and long discussion that resulted in UNCLOS, for siders its full control over living resources nition (UNCLOS, Art. 29) of a warship. There
Continental Platforms -, and in the principle some time, seemed to have definitively con- in an area that is as far away as 700MN are presuppositions of “external marks dis-
of the “Sovereignty of Flag States” - which solidated the extent to which coastal States from the coast), or even from China with tinguishing”, but they presuppose Captain
unfolds in the extension of jurisdiction of the could argue notions of power (although not its “Nine Traces” Strategy that encompass- of the national Armed Forces and military
States that attribute their flags to the mari- fully exercised in its classic sovereign formu- es as its waters the entire South China Sea. crew (SCHIMITT, GODDARD, 2016). How to
time environment, wherever they are, when, lation). The broad understanding of sover- Even historical symbolic actions have been consider a “system”, visibly as an warship,
only for very clear exceptionalities, they re- eignty in the Territorial Sea and ‘sovereignty used, as in the case of Russia by fixing its autonomous and that does not fit in the
main under the tutelage of their Flag States. rights’ in the Exclusive Economic Zone (EEZ) flag, using a submarine, exactly on the sub- conceptualization of the law of the sea?

222 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 223