Lawfare aplicado à guerra marítima

Abstract

ABSTRACT LAWFARE APPLIED TO SEA WARFARE The research object of this work is lawfare in maritime warfare and its increasing use with legal strategies to achieve military and political objectives. Since the 16th century, Spain and Portugal have used papal bulls and international treaties, such as the Treaty of Tordesillas, to divide the non-European world. The law has always played a crucial role in regulating the use of the seas. In the 19th century, the codification of maritime norms began, such as the Paris Declaration of 1856, which prohibited state-sanctioned piracy. In the work "Mare Liberum", from 1609, Hugo Grotius defended the freedom of the seas, a fundamental principle of International Law. The Second World War highlighted the use of naval blockades justified by legal norms. The creation of the United Nations and the adoption of the United Nations Convention on the Law of the Sea in 1982 provided a comprehensive framework for regulating maritime activities. The ambiguities in that Convention are exploited by States to advance their strategic agendas. The South China Sea dispute exemplifies this practice, with China using a contested interpretation of the Convention to expand its claims. Smaller states and other organizations have also adopted legal strategies to defend their rights. States use lawfare strategies in naval conflicts as a tool to achieve strategic objectives without the use of force. International Treaties and strategic alliances are methods of projecting power through law. The evolution of lawfare in maritime warfare involves considerations of International Humanitarian Law. Understanding this evolution is essential to developing effective conflict mitigation strategies and ensuring stability in international waters.