Recursos minerais marinhos além das jurisdições nacionais

Abstract

The last three decades of the twentieth century were marked by intensive activities related to the development of mineral resources located in the seabed area beyond the limits of national jurisdiction. During the 70's and 80's, joint international ventures, including more than 40 mining companies and governmental agencies from 16 countries, spent hundreds of millions of dollars in locating deposits and studying methods for mining and processing the deep seabed polymetallic nodules. The Third United Nations Conferences on the Law of the Sea was held during the same period. In December 1982, the United Nations Convention on the Law of the Sea was adopted and in July 1994 the Aagreement Relating to the Implementation of Part XI of the Convention, which part regulates the activities in the international seabed area, was adopted. The Agreement and Part XI of the Convention shall be interpreted and applied together as a single instrument. The Convention stipulates that the mineral resources of the international seabed area are common heritage of the mankind and establishes the International Seabed Authority to organize and control the activities related to the development of these mineral resources. In the mid 80's, the world economic situation declined as a result of the decrease of industrial growth. However, the mining companies were not intimidated by the situation. In their eyes, the ownership of a mining site would represent a financial, strategic and political asset that deserved to be preserved. In the 90's, seven governmental agencies submitted to the International Seabed Authority their plans of work for exploration of polymetallic nodules. As of today, six of them have already signed their contracts for exploration with the Authority. As a result, more than 1,800,000 km2 of exploration areas (more than 20% of the surface of Brazil) located in the Pacific and Indian Oceans were allocated to these governmental agencies and to the Authority to carry out exploration activities. At the present time, the Authority is in the process of developing regulations for prospecting and exploration for hydrothermal polymetallic sulphides and cobalt-rich ferromanganese crusts located in seabed areas beyond national jurisdiction. As soon as the Authority approves these regulations, other areas may be allocated for the exploration of these resources. The beginning of the twenty-first century seems to mark the commencement of a systematic effort to develop the mineral resources located in the seabed area beyond the limits of national jurisdiction. This historical event requires a special attention from the Brazilian authorities to ensure that the international seabed mineral resources, especially those located in the South Atlantic Ocean, will constitute an economic, strategic and political asset for future Brazilian generations.