O direito do mar e a biotecnologia azul: investigação científica marinha e bioprospecção

Abstract

Fundamental to the national development is regulat ion, defined as the organization and control of economic, political, and social activities by means of making, implementing, monitoring, and enforcing of rules. In Maritimes Studies, the regulation of the uses of the sea is paramount, notably the debate ov er marine biodiversity, the access to genetic material through bioprospection and blue biotechnology. Blue biotechnology is one of the new uses of the sea, not foreseen in the treaty - making of the 1982 U nited Nations Convention on the Law of the Sea - UNCL OS , in a manner that the study of the interplay of UNCLOS and other international treaties is relevant . From the perspective of the philosophical hermeneutics, this dissertation holds that bioprospection is dissimilar to marine scientific research and that Costal States enjoy sovereign rights over genetic material found in their territorial sea , their economic exclusive zone and on their cont inental shelf seabed , so they can regulate bioprospection, which is another legitimate use of the sea.