Date of Award

2013

Document Type

Dissertation

Degree Name

Master of Science in Maritime Affairs

Specialization

Maritime Law & Policy

Campus

Malmö, Sweden

Country

Peru

First Advisor

Romero, Caroline

Abstract

International agreements as maritime international laws are the main tool for the sustainable development of the protection and employment of the oceans and seas. Dealing with maritime issues that arise every day, requires a highly focused analysis and establishment of principles and rules to prevent these problems. Globalization provides the opportunity to carry out business around the world and its development has created transnational companies. Technological advances have allowed extended opportunities to explore and exploit the natural resources of the seas, with the resulting risk of these resources becoming extinct if such activities are not controlled. In this scenario, the required role of the States as part of the international community is to take measures to save lives, protect the marine environment and control the use of the oceans and seas. Thus, the United Nations Convention on the Law of the Sea, 1982 became the main international agreement related to maritime issues during the last 30 years, wherein States have jurisdictional rights and duties; however, in the Exclusive Economic Zone there are specific rules and regulations that differ substantially with other areas.An analysis of the exclusivity of the Exclusive Economic Zone begins with an identification of the rights and duties as well the measures provided by the rules and regulations contained in the United Nations Convention on the Law of the Sea, 1982. This is followed by an analysis which aims to determine whether these measures are appropriate to achieve the objective of sustainable development to save lives, protect the marine environment and control the use of the oceans and seas. Following that, an evaluation of the perspective of the international legal environment on the use of this legal instrument for decision-making in international courts and tribunals is undertaken. Finally, the conclusion and recommendations are given according to the benefits and opportunities that the international community could attain by considering further changes in the legal international context.

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