Oregime jurídico da Zona Econômica Exclusiva e as atividades militares após 35 anos da Convenção das Nações Unidas sobre o Direito do Mar

Abstract

The Exclusive Economic Zone has been inserted into the United Nations Convention on the Law of the Sea as a creative solution to balance the rights of the coastal State and the demands of other count ries. The regime in force in that unique ma riti me space is governed by the provisions established in Part V of the Convention, giving it peculiarities that distinguish it from the Territorial Sea and the High Seas. However, there are gap s in the Convention which have not been fully met since the consen sus adopted in its negotiations has led to the use of some ambiguous expressions, or even omissions, in favor of the advancement of the text as a whole. Foreign military operations in the Exclusive Economic Zone of other States fit these unfilled gaps, sin ce there is a side that considers that such activities are legitimate since they are associated with the freedoms of the High Sea, which would also apply in the Exclusive Economic Zone . On the other hand, there are arguments, including from Brazil, that th ese activities constitute an excess of the rights of the other countries, and that could only occur with the consent of the coastal State. Faced with this impasse, after almost 35 years of signing the Convention, the receptivity of these practices will be analyzed facing the Convention, in order to provide subsidies that support the actions of the Brazilian Navy in support of foreign policy, regarding the B razilian interpretation of these activities.