O principio da jurisdição universal em desafio à liberdade de navegação no combate aos atos ilícitos internacionais no alto-mar

Abstract

At a time when the world is experiencing various threats to security, peaceful means must be sought in resolving conflicts. The general principles of international law are an important source of conflict resolution, hence the need to deepen the study of the freedom of the seas, which over time has given way to freedom of navigation, not least because the idea of res nullius to the sea, prevailing from the contemporary age to res comunnis, because it is undeniable that over the years the coastal states have increasingly expanded their performance in the seas of their surroundings. From the Brussels Convention, adopted by the Institute of International Law, the high seas are classified as outer space, and therefore deserve the protection of any State in its defense or preservation. It is on the high seas that the disputes have been heated and provoked discussions, for although there is a legal framework of maritime regulation, of a specific nature, there are still many questions without solution, so we resort to principles, as they illuminate the path of legality and legitimacy. It is in this fertile field that we seek to understand the applicability of the principle of universal jurisdiction whose origin is attributed to the combat of piracy actions, something that still happens quite frequently in seas whose merchant shipping is predominant. Thus, we sought theoretical basis in the vast existing bibliography and in the normative instruments to legitimize the states for the sake of national and international security in the face of the threats on the high seas, since it is not nobody's land or that no diligence can be done there done. Of all the research carried out to produce the theme proposed here, little or nothing has been tackled at the theoretical level, since today the deference to freedom of navigation is only mitigated in the cases regulated in the normative instruments foreseen in humanitarian situations, or of preservation of the environment, then we realize that the universal interest would legitimize the performance of different state of the flag in the EEZ, or even in the high seas.