Maritime Delimitation

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Maritime Delimitation

• Brazils experience using nautical cartography to
  fix maritime boundaries

IHO Seminar for Chairmen of National Hydrographic
Committees Acapulco Oct 02-04th, 2006
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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation

• Introduction

• Terrestrial Frontiers

• Established from stand out geographic points
• Almost total terrestrial frontiers are established

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Maritime Delimitation

• Introduction

• Maritime Frontiers

• Cant be physically settled
• Until 1982 arbitrary criteria
• Without control conditions
• 1982 UNCLOS

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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation
The United Nations Convention on the Law of the
Sea

• Opened for signature in 1982, Jamaica
• Define objectives criteria into the establishment
  of maritime boundaries

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Maritime Delimitation
The United Nations Convention on the Law of the
Sea

• Give new concepts other than unrestricted
  sovereign (territorial)

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The United Nations Convention on the Law of the
Sea
Key features

• Coastal States exercise sovereignty over their
  territorial sea which they have the right to
  establish its breadth up to a limit not to exceed
  12 nautical miles foreign vessels are allowed
  "innocent passage" through those waters

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The United Nations Convention on the Law of the
Sea
Key features

• Coastal States have sovereign rights in a
  200-nautical mile exclusive economic zone (EEZ)
  with respect to natural resources whether living
  or non-living and certain economic activities,
  and exercise jurisdiction over marine scientific
  research and environmental protection

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The United Nations Convention on the Law of the
Sea
Key features

• The limits of the territorial sea, the exclusive
  economic zone and continental shelf of islands
  are determined in accordance with rules
  applicable to land territory, but rocks which
  could not sustain human habitation or economic
  life of their own would have no economic zone or
  continental shelf

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The United Nations Convention on the Law of the
Sea
Key of the Keys

• Baselines

hydrography
Art. 5 - is the low-water line along the coast
as marked on large-scale charts officially
recognized by the coastal State.
low-water
large-scale charts
officially
regognized authority
n. cartography
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The United Nations Convention on the Law of the
Sea
Key of the Keys

• Continental Shelf

Art. 76 ......(4a i ii) 60 nautical miles from
the foot of slope...... (5) not exceed 100
nautical miles from the 2500 isobath
Hydrography, geology and cartography
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The United Nations Convention on the Law of the
Sea
Key of the Keys

• Baselines
• Territorial Sea
• 2500 isobath

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The United Nations Convention on the Law of the
Sea
Key of the Keys

• Baselines
• Territorial Sea

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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation
The Brazilian case

• Bilateral agreement with France and Uruguay
• Outer limit under examination by the CLCS (UN)

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Maritime Delimitation
The Brazilian case

• Agreement with France

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Maritime Delimitation
The Brazilian case

• Agreement with France

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Maritime Delimitation
The Brazilian case

• Agreement with Uruguay

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Maritime Delimitation
The Brazilian case

• Agreement with Uruguay

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Maritime Delimitation
The Brazilian case
EEZ
Outer limit
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Maritime Delimitation
The Brazilian case

• Bathymetric and seismic surveys

Besides the outer limit definition the State also
increases its scientific knowledge
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Maritime Delimitation
The Brazilian case

• Resources

• Legal
• Organizational
• Human
• Technological
• Material

State
State and / or agreement
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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation
Supporting relationship

• National and international Agreements
• IHO
• MACHC

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Maritime Delimitation

• Summary

• Introduction
• The United Nations Convention on the Law of the
  Sea
• The Brazilian case
• Supporting relationship
• Conclusion

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Maritime Delimitation
Conclusion

• The international community established, by the
  Convention, a pacific, consensus, and reasonable
  way, to solve disputes and to guarantee rights,
  in maritime subjects.

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Maritime Delimitation
Conclusion

• Each State is encouraged to make its
  pronouncement based on the established UNCLOS
  parameters

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Maritime Delimitation
Conclusion

• Its necessary a huge effort to guarantee the
  rights. This effort should be proportional
• to the kind of interest
• to the available resources
• to the existing resources

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Maritime Delimitation
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