International Politics And The Sea: The Case Of Brazil by Michael A Morris

By Michael A Morris

Booklet by means of Morris, Michael A

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Extra info for International Politics And The Sea: The Case Of Brazil (Westview Replica Edition)

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Fishing likewise bulked much larger in the CEP economies than in that of Brazil, and foreign fishing still had not posed a challenge. The Brazilian approach to the territorial sea and related issues was likewise cautious in enders-· ing revisionism. The 1930 Conference on the Progressive Codification of International Law at the Hague, sponsored by the League of Nations, was the \ first world conference to deal at least in part with the breadth of the territorial sea. With most Third world states still in colonial status, only 48 delegations attended the Hague Conference, of which 32 took a stand on the territorial sea breadth issue.

70 Because it ithe 1950 Brazilian shelf claim/ reserved a right relative to the fisheries in the superjacent waters, it emphasized 7he significance of a 'Shelf' £1Us super~acent waters connexion, ... rd than was really there, at least this ex~mple i~di~ates that Brazilian policy-makers, while unwilling to take such a revisionist step with respect to superjacent waters at the time, did want 62 to reserve such an option for the futura. 12 Unilateral claims of Chile and Peru in 1947 and Ecuador in 1950, if ostensibly resembling some other Latin American claims to the shelf and superjacent waters, were really more ambitious and led to protracted difficulties with the United States.

The Commission, without taking any decisions as to the breadth of the territorial sea within that limit, considers that international law does not require States to r~gognize a breadth beyond three miles. The draft article based on the 1955 Brazili~n proposal was a masterpiece in the art of com~romi~e. This conciliatory description of the legal situation was all that could be achieved, since underlying disagreement prevented precise formulation of rules of law in this area. The traditional maritime states were displeased with the failure of the draft article to recognize three miles as a binding rule, yet they could only be pleased that any limit beyond 12 miles was explicitly rejected and that claims between 3 and 12 miles were not specifically endorsed.

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