The Concept of Brazilian Jurisdictional Waters and its Impact on the Freedom of the High Seas

Abstract

Abstract This article examines the legal concept of Brazilian jurisdictional waters (BJW), which claims jurisdiction over the superjacent waters of its outer continental shelf, and considers its impact on the freedom of the high seas. Initially, the article introduces the idea of BJW through its historical and conceptual evolution. Then, Brazilian interventions in the United Nations Conferences on the Law of the Sea and municipal legislation are analysed in an attempt to identify if Brazil had previously made such a claim. Finally, each freedom of the high seas as listed in Article 87 of the United Nations Convention on the Law of the Sea (LOSC) is evaluated in the context of BJW and the domestic laws that enforce the jurisdiction. The article concludes that the concept of BJW, together with applicable laws, is inconsistent with the LOSC.