O pleito brasileiro de extensão da Plataforma Continental e a recomendação da Comissão de Limites da Plataforma Continental

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS), when establishing the criteria by which the Signatory States can define the extent of their Continental Platforms, stated that, as a rule, such maritime spaces must have up to 200 nautical miles. However, the Convention also limited the extension of such limits to 350 nautical kilometers from the presentation of studies to the Continental Platform Limits Commission - CLPC / UN. This United Nations body has a form for examining the data and other elements of information that it provides for coastal states on the outer limits of the continental shelf in addition to the 200 nautical kilometers (extended or legal CP), making recommendations and providing scientific and technical advice, at the request of the coastal State, during the preparation of its proposal. In order to determine the mandatory recommendation of the CLPC / UN, a bibliographic research was carried out to verify how the doctrine addresses this subject to see the reflections of these different understandings on the exploitation of resources in the Continental Shelf. Thus, it appears that opinions are divergent about the mandatory recommendation, as for some it would be mandatory and for others it would not. Therefore, the effects of the possibility of exploiting local natural resources are conditioned by these understandings.