A criação de AMPs nas zonas da plataforma continental situadas além das 200 mn: Direito do Mar, CPLP e experiência portuguesa pós- Rainbow

• Type: Article in National Scientific Journal
• Date: 2010

Authors

Ribeiro, Marta Chantal (Author) FDUP

Journal

Title: Revista do CEDOUA

Vol. 25 No. 1

Pages: 23-39

Scientific classification

FOS: Social sciences > Law

Other information

Abstract (EN): Keeping in mind the Author’s study on the protection of the ‘Rainbow’ hydrothermal vent field (located in the Azores region) the article's main goal is to report on developments in the establishment of marine protected areas (MPAs) in the continental shelf beyond 200 nautical miles. To this objective, the debate is structured in four main points: Firstly, the international regimes applicable to MPA are recalled. Particular attention is given to those regimes involving Contracting-Parties of the Community of Portuguese Speaking Countries (CPLP) as well as to the developments within the Natura 2000 network. Secondly, the powers of the coastal State (and the limits to its action) in the maritime areas under national jurisdiction are synthesized in accordance with the Law of the Sea Convention (LOSC). The rules applicable to the continental shelf and the Area are highlighted through comparative tables. Thirdly, the article describes all the new MPAs of the continental shelf beyond 200 nautical miles that were included in the OSPAR Network of MPAs by nomination of Portugal ('national' MPAs). The Portuguese initiative in the process of approval of complementary OSPAR MPAs ('international' MPAs) is also highlighted. These areas (‘international’) cover exclusively the water column (high seas) superjacent to the areas nominated by Portugal (‘national’). Finally the Author presents new contributions to the interpretation of Article 77, LOSC. The new perspectives are suggested by the evolution in the understanding of since the Rainbow case (2006/2007).

Language: Portuguese

Type (Professor's evaluation): Scientific