Efeitos e natureza jurídica de uma submissão à Comissão de Limites da Plataforma Continental na aplicação do Regime Jurídico além das 200 milhas marítimas

Abstract

The objective of this study, under the format of a opinion, is to answer 03 (three) questions that will serve to analyze the legal regimes applied in the exploitation of the mineral resources in the marine areas, especially in the extended continental shelf and in the AREA and, consequently, to delimit the legal regime to be applied in the the use of mineral resources beyond 200 nautical miles is pending a pending submission of definitive recommendations issued by the Commission on the Limits of the Continental Shelf. The thinking of the work delimited the field of study to investigate the effects and legal nature of the submissions, so as to enable the construction of a rationale for the delimitation of legal regime to make feasible the exploration activities of the resources existing in the maritime strips, besides the 200 nautical miles, as long as there are no definitive recommendations to legitimize the expansion of the continental shelf of the coastal State proposing. Through bibliographical research, it was p ossible to investigate the application of regime-sharing to mitigate conflicts and disputes over the use of mineral resources in maritime strips with systems of resource sharing not yet defined. The construction of the work took into account these aspects and, in particular, the characteristic of the continental shelf of being a natural extension of the territory of the Coastal State, to analyze the effects and legal nature of the submissions produced with its presentation the Commission of Limits of the Continental Shelf, in order to conclude by applying the legal regime contained in Article 82 of CNUDM, given the presumption of the extension of the continental shelf.