Legal Column:
Law of the Sea & Maritime Law
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Above, emblems of The United Nation Convention on the Law of the Sea - UNCLOS; International Maritime Organization - IMO; and International Tribunal for the Law of the Sea - ITLOS
The International Court of Justice - ICJ jurisdicion on the "Whaling in the Antarctic" case
In 2014, Australia and Japan had a conflict taken to the International Court of Justice - ICJ. But had the court jurisdicion to rule the dispute?
Marine Pollution Caused by Abandoned Vessels in Brazil
Abandoned and derelicted vessels became a serious topic in Brazilian jurisdicional waters. Understand this situation here. Note: Excepcionally, this work is written in Brazilian Portuguese.
Photo: Aaron Burden (Unsplash)
Regional Fisheries Management Organizations (RFMOs) and the High Seas
Do the Regional Fisheries Management Organizations - RFMOs violate the United Nations Convention on the Law of the Sea? Understand this here.
Photo: Ant Rozetsky (Unsplash)
The Biodiversity Beyond National Jurisdiction Agreement - BBNJ
In 2023, the "Agreement Under the United Nations Convention on the Law of The Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction" was made. Understand here its importance to the marine biodiversity on the High Seas and Area.
The ocean brings various economical possibilities - transport, oil, minerals, fishing, among others. But the use of the ocean's resources must be sustainable, and the studies of Blue Economy arised to show the importance of sustainable development of the sea.
Photo: Yoshifumi Tanaka, 2019, p. 57
Sea Level Rise and Maritime Boundaries
The global warming and the sea level rise have consequences in the maritime boundaries delimitations. Understand here the concept of baselines and some of the difficulties that this situation brings to the Law of the Sea.
Photo: Ilse Orsel (Unsplash)
The charter party is an ancient maritime pratice. Bareboat charter party, time charter party, voyage charter party are the most famous forms of maritime chartering. Understand its concept and its legal nature.
The Brazilian Maritime Court is an administrative institution, but its decisions have jurisdictional nature. Understand this here.
In 2023, the Brazilian Navy introduced the new Brazilian political map, which includes the Blue Amazon in the extension of the country. Understand here what is the Blue Amazon, and why this is a relevant step to Brazilian marine policy.
Photo: Art made in Canva
Territorial sea, contiguous zone, exclusive economic zone, continental shelf, high seas and area are the maritime zones provided by the United Nations Convention on the Law of the Sea. Understand its differences.
Photo: ConJur
The sinking of the São Paulo aircraft carrier, in 2023, brings several legal discussions. What do international conventions say about the asbestos within the ship? Was the aircraft carrier put trough a process of forfeiture or abandonment? Has the Brazilian Navy the competence to deliberate sink a ship? Understand those topics in this legal study of the case.
Photo: O Globo
In 2023, the Brazilian aircraft carrier, named São Paulo, went through a long process of dismantling. After months of legal misunderstandings between Brazil and other countries, the ship was sunk by the Brazilian Navy. Understand the timeline of the case.
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