Convenção de Montego Bay de 1982: Evolução histórica e codificação do direito do mar e seus reflexos no direito interno brasileiro

• Autor(a) principal: Frade, Leonardo Costa
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34693
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research presents a brief within the academic study of the UN Convention on the Law of the Sea (UNCLOS), or simply UNCLOS, 1982. Their coding represented a breakthrough not only International Law, but also for all mankind, since the ocean space is the most efficient means for connection among the various peoples that inhabit our planet, and about which it is not credible any appropriation or levy. The aim of this paper is to analyze the historical aspects that provided these coding, legal institutes present in said Convention, and finally, his reflections on the Brazilian domestic law. In the first chapter the study pounces on major historical events related to oceanic areas, using as a time lapse of the period of classical antiquity and ends in the drafting of UNCLOS in 1982, which is, above all, a blunt instrument history, for the establishment of the balance of power between the States Parties to the Convention, especially with regard to the asymmetric relationship between maritime powers and developing countries, at least with regard to the Law of the Sea being knocked and legal contentions relating to freedom of seas and delimitation of maritime spaces, a constant in the previous achievement of UNCLOS period, will also be assessed during the study, because their results serve largely as guiding principles for the formulation of the Convention. This is a concise historical overview used only to position the reader as to the slow and gradual progression of the principles and practices that led to the formulation of the Treaty. Following in the second chapter, the research turns to the analysis of legal institutions governing water diversities that make the oceans, for example, the territorial sea, the contiguous zone, the exclusive economic zone, continental shelf and high seas. Moreover, the work delves into issues concerning the jurisdiction and competence of the coastal State in relation to marine areas, as well as the mechanisms for resolving the relevant Law of the Sea occasion controversies that the proceedings of the International Tribunal for the Law will be studied in sea before some emblematic cases submitted to its jurisdiction. Finally, the third and final chapter, we will discuss the issues surrounding the delimitation of maritime space and Brazilian efforts to adapt its domestic law to the precepts enshrined in UNCLOS. Moreover, the importance of the Convention for the Brazilian state and its political and economic implications are also analyzed in this timely study