When kangaroos would fl y: brazilian unilateral declaration on the right of research beyond the limits of the continental shelf - 2010

Abstract

In 2010, the Inter-ministerial Commission for Sea Resources decided that Brazil has the right to appraise requests for authorization of research beyond the 200 nautical miles limit of its continental shelf, despite the fact that the outer limit of the continental shelf was not yet defi nitely established by the United Nations Commission on the Limits of the Continental Shelf. Such decision – a unilateral decision – might be understood as illegal and contrary to the international law, while it also might be understood as a unilateral act based on an international custom, on the principle that the continental shelf is a natural extension, ipso facto and ab initio, of the continental border that stretches towards the ocean. Th e objective of this article is to analyze the lawfulness of that declaration. Firstly, the “fl ight of the kangaroo” will reveal the importance of investing in human resources, and consequently in studies on the continental shelf. Secondly, the article will present the doctrine on unilateral acts of international law, with the purpose of determining the nature of the Brazilian declaration. At last, it will analyze the lawfulness, consequences and eff ects – practical and legal – of that declaration.