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IP Treaties Collection

Contracting Parties United Nations Convention on the Law of the Sea Brazil

Dates Signature: December 10, 1982 Ratification: December 22, 1988 Entry into force: November 16, 1994

Declarations, Reservations

Declarations made upon ratification:
"I. The Brazilian Government understands that the provisions of article 301 prohibiting any threat or use of force against the territorial integrity of any State, or in other manner inconsistent with the principles of international law embodied in the Charter of the United Nations apply in particular to the maritime areas under the sovereignty or jurisdiction of the coastal State.
II. The Brazilian Government understands that the provisions of the Convention do not authorize other States to carry out military exercises or manoeuvrings, in particular those involving the use of weapons or explosives, in the Exclusive Economic Zone without the consent of the coastal State.
III. The Brazilian Government understands that in accordance with the provisions of the Convention the coastal State has, in the Exclusive Economic Zone and on the continental shelf, the exclusive right to construct and to authorize and to regulate the construction, operation and use of all kinds of installations and structures, without exception, whatever their nature or purpose."

Declaration made upon signature:
"I. Signature by Brazil is ad referendum , subject to ratification of the Convention in conformity with Brazilian constitutional procedures, which include approval by the National Congress.
II. The Brazilian Government understands that the regime which is applied in practice in maritime areas adjacent to the coast of Brazil is compatible with the provisions of the Convention.
III. The Brazilian Government understands that the provision of article 301, which prohibits "any threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations", apply, in particular, to the maritime areas under the sovereignty or the jurisdiction of the coastal State.
IV. The Brazilian Government understands that the provisions of the Convention do not authorize other States to carry out in the exclusive economic zone military exercises or manoeuvrings, in particular those that imply the use of weapons or explosives, without the consent of the coastal State.
V. The Brazilian Government understands that, in accordance with the provisions of the Convention, the coastal State has, in the exclusive economic zone and on the continental shelf, the exclusive right to construct and to authorize and regulate the construction, operation and use of all types of installations and structures, without exception, whatever their nature or purpose.
VI. Brazil exercises sovereignty rights over the continental shelf, beyond the distance of two hundred nautical miles from the baselines, up to the outer edge of the continental margin, as defined in article 76.
VII. The Brazilian Government reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298, concerning the settlement of disputes."