Page 231 - Economia Azul - versão: inglês

certain areas of the high seas: In view of the society have already ratified the issue, with Law of the Sea (which gave rise to the UN- acceptance”. It is precisely in connection with
pressing need for conservation and protec- the absence of some interior States, Turkey, CLOS) in his speech at the end of the signing this requirement that the question of the am-
tion of fishery resources, the Government of Venezuela and, above all, the United States, of the Convention. KOH, Tommy T.B. A Con- biguity of UNCLOS expressions has been fre-
the United States regards it as proper to es- which despite not having ratified the text, in stitution for the Oceans. Remarks by Tom- quently raised. This question will be analyzed
tablish conservation zones in those areas of general comply with the rules established in my T.B. Koh, of Singapore. President of the here by way of the example provided by the
the high seas contiguous to the coasts of the the UNCLOS. Third United Conference on the Law of the discussions on the meaning of general accep-
United States wherein fishing activities have 15 It is the largest international law treaty Sea. 1982. P. 1. Available at http://www.un- tance of IMO rules and standards held at the
been or in the future may be developed and ever produced, comprising, in addition to .org/depts/los/convention_agreements/texts/ working session of the Committee on coastal
maintained on a substantial scale”. the preamble, 320 articles and 9 annexes. koh_english.pdf. Access on June 10, 2022. State jurisdiction relating to marine pollution
10 Convention on Fisheries and the Conser- Furthermore, reference cannot be made 18 “The fact that the UNC LOS a major polit- at the sixty-seventh Conference of the Inter-
vation of Biological Resources on the High to the 1994 Agreement (Agreement on ical and legal achievement can hardly be de- national Law Association (1996)”.
Seas. In Geneva Convention on the Law of the Implementation of Part XI of the Unit- nied and is generally acknowledged.” 22 In this sense, ZANELLA, Tiago. Manual…
the Sea of 1958. ed Nations Convention on the Law of the 19 Brazil became a member of the IMO in Op. cit. P. 379: “In this way, it can be conclud-
11 The 1958 Conventions, approved within Sea of 10 December 1982) and to the 1995 1963 and, since 1967, has been re-elected ed that the concept brought by the UNCLOS
the scope of the I Conference, constitute a Agreement (Agreement on the Application to the Organization’s Council. In December of Humanity is a legal fiction. This is due to
fundamental milestone in the regulation of of provisions of the 1982 United Nations 1998 the national coordination of matters the association of the concept of Humanity
marine natural resources. On the one hand, Convention on the Law of the Sea concern- relating to the IMO, which was under the re- with a political and not a legal character. Fur-
as they are the first documents of binding ing the Conservation and Management of sponsibility of the Ministry of Foreign Affairs, thermore, Humanity has no legal personality
international law, with a potentially univer- Transzonal Fish Populations and Highly Mi- was transferred to the Brazilian Navy. and is not a subject of international law. The
sal scope of application, which expressly ad- gratory Fish Populations). 20 Such references can be found in the UN- solution found was to transfer to the Author-
dress the issue. On the other hand, by hav- 16 As stated by Ramiro Elísio Saraiva Guer- CLOS, in the following articles: Art. 22, no. 3, ity the rights to act on its behalf before the
ing at their base the distinction, from then reiro, Minister of Foreign Affairs of Brazil a; Art. 41, nos. 4 and 5; Art. 53, no. 9; Art. international system, that is, this body is the
on, between resources of the water column from 1979 to 1985, in a text presented to the 60, no. 3 and 5; Art. 211, no. 1, 2, 3, 5 and legitimate representative of Humanity for
and resources of the river and the subsoil of National Congress in 1980 [Diary of the Na- 6; Art. 217, no. 1, 4 and 7; Art. 218, no. 1; seabed issues”.
the oceans. tional Congress. Year XXXV, n°106, section I, Art. 220, no. 7; Art. 222; Art. 223; Art. 246, 23 Agreement concerning the implementa-
12 “The Law of the Sea is probably, along Brasília; September 23, 1980]: “The ultimate no. 5; Art 253, no. 1, b and no. 5; Art. 265; tion of Part XI of the United Nations Con-
with Human Rights, the domain where objective of the negotiation is to obtain a re- Art. 297, no. 1, c. vention on the Law of the Sea of 10 De-
some of the most important changes that gime for the seas that is balanced and can 21 BLANCO-BAZAN, Agustín. IMO interface cember 1982.
have characterized contemporary interna- be universal or, at least, generally accepted … Op. Cit.: “The need to consider IMO rules 24 “Arbitration courts have transitional
tional law have been felt. Since 1945, the by all, that is, by the main maritime powers and standards as intrinsically associated with jurisdiction; has an ad hoc character; pro-
sea has been the scene of a radical change and the great most other states. If there is the treaty in which they are contained is also nouncing judgment, cease to exist; when
in classical concepts and the emergence of not this generalized and peaceful acceptance relevant to provide a consistent legal interpre- there is still an administrative body and a list
new concepts”. of the eventual convention, it will be of no tation to the requirement of their “general of arbitrators”.
13 Votes Against: United States of America, real use. The advantage of such a convention
Israel, Turkey, and Venezuela. would be to obtain generally accepted rights,
Abstentions: USSR, Bulgaria, Belarus, no longer discussed, no longer controversial,
Czechoslovakia, German Democratic Repub- no longer the result of unilateral acts con-
lic, Federal Republic of Germany, Hungary, tested by maritime powers but rights whose
Mongolia, Ukraine, Poland, Thailand, Spain, exercise would be carried out peacefully and
Belgium, Italy, Luxembourg, the Netherlands, without external difficulties. This is the ulti-
and the United Kingdom. mate goal of the negotiation.”
14 Currently the text has 168 ratifications. 17 Analogy used by Tommy Koh, president of
The vast majority of States of international the Third United Nations Conference on the

228 BLUE ECONOMY The Regulation of the Sea: Consolidation and Perspectives 229