Banca de DEFESA: ANDRE LUIZ NELSON DOS SANTOS CAVALCANTI DA ROCHA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ANDRE LUIZ NELSON DOS SANTOS CAVALCANTI DA ROCHA
DATE: 01/07/2021
TIME: 09:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

JURISDICTION FOR THE SETTLEMENT OF DISPUTES ON THE EXTENDED CONTINENTAL SHELF WITH OUTER LIMITS PENDING OF DEFINITION

KEY WORDS:

Law of the Sea. Extended continental shelf. Pending establishment of its outer limits. Settlement of disputes. Jurisdiction.

PAGES: 175
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The United Nations Convention on the Law of the Sea (UNCLOS), whose genesis was the
concern to regulate the use of the mineral wealth of the seabed, established a legal framework
regarding the delimitation and conceptualization of maritime spaces, such as the continental
shelf (which is the submerged portion of the planet's crust characterized for being a natural
extension of the emerged territory), paying special attention to the discipline of exploration
and prospection of the economic resources of those spaces. To this end, UNCLOS designed
institutions necessary for its implementation: the International Tribunal for the Law of the Sea
(ITLOS), the International Seabed Authority (ISA) and the Commission on the Limits of the
Continental Shelf (CLCS), the latter being a UN technical body responsible for analyzing
submissions from coastal States related to the outer limits of the continental shelf beyond the
beacons prefixed by the UNCLOS’ text, thus advancing on the ocean floor region originally
located outside national jurisdictions and defined by the Convention, together with its
resources, as a common heritage of mankind. The present study is interested in verifying the
jurisdiction (national or international) for the resolution of disputes that may occur in the
extended continental shelf that has not yet been definitively established according to the
procedure predicted by the UNCLOS. The subject matter is currently particularly attractive,
since mineral resources are increasingly scarce and the interest in the exploration of the
seabed and its subsoil has been growing, provoking a race for sovereignty over portions of the
continental shelf, as well as for the rights of exploration of reserved areas from the
international seabed. Using exploratory and descriptive research methodology, with a
qualitative approach by the hypothetical-deductive method and technique of data collection by
indirect documentation, and carrying out investigation of national and international
bibliography, in addition to documentary research examining Brazilian legislation,
international conventions and documents produced by national and international organisms, as
well as case studies from the International Court of Justice, the ITLOS and the Permanent
Court of Arbitration, this work gives an overview of the evolution of the Law of the Sea,
emphasizing its economic dimension and its codification process, then examining the
UNCLOS and the dispute settlement system established by it, finally proposing to analyze the
problem of the competent jurisdiction to settle disputes involving the extended continental
shelf claimed by a coastal State whose submission is pending consideration by the CLCS. The
study concludes by understanding that such maritime space is not under national jurisdiction
and therefore the conflicts related to it must be resolved before international courts or through
international arbitration.

BANKING MEMBERS:
Externa à Instituição - INGRID ZANELLA ANDRADE CAMPOS - UFPE
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA