From Rocks to an Archipelago: The Brazilian Interpretation and Application of Article 121 of the United Nations Convention on the Law of the Sea With Respect to the St. Peter and St. Paul Insular Features

Abstract

This article examines the Brazilian interpretation and application of Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS) through analysis of the St. Peter and St. Paul insular features, historically considered as a group of rocks. Prior to the entry into force of UNCLOS, Brazil implemented a three-step process to change the legal status of these features in order to claim an exclusive economic zone and continental shelf. More recently, Brazil has strengthened its basis of claim through the employment of straight baselines and the establishment of a large-scale marine protected area around St. Peter and St. Paul. It is argued that Brazil has used a flexible understanding of the human habitation requirement and relied on debatable state practice in order to maximize its maritime areas around these features.