Made available in DSpace on 2014-12-17T14:27:22Z (GMT). No. of bitstreams: 1 PedroLMS_DISSERT.pdf: 1243404 bytes, checksum: a66886d7bd50af4f3d588abf9d909100 (MD5) Previous issue date: 2012-12-10 / Universidade Federal do Rio Grande do Norte / The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atl?ntico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage / As exig?ncias requeridas por uma Sociedade fadada ? produ??o constante de riscos globais, cujos efeitos n?o s?o percebidos imediatamente, exigem do Direito uma nova Teoria do Risco que ofere?a uma prote??o ambiental mais completa, e da mesma forma seja compat?vel com os ideais de efici?ncia econ?mica requeridos pela Ind?stria moderna. Com a expans?o dos m?todos e tecnologias no que diz respeito ? explora??o e produ??o de petr?leo, h? tamb?m a constante amplia??o das fronteiras explor?veis, notadamente em ?guas ultra-profundas com a Camada Pr?-Sal, no Brasil, ou as ainda incipientes pesquisas de n?dulos polimet?licos e outros recursos minerais em ?guas internacionais, na ?rea, a exemplo do Atl?ntico Sudoeste pelo Programme on Ocean Science in Relation to Non Living Resources (OSNLR), um estudo global compartilhado com a Intergovernamental Oceanographic Commission, da UNESCO (IOC UNESCO) e com a Division of Ocean Affairs and Law of the Sea (UNDOALOS). Dessa maneira, almeja-se analisar a correla??o existente, e as eventuais colis?es, entre o direito ao meio ambiente equilibrado e o livre exerc?cio da atividade econ?mica, bem como a ocorr?ncia de dano ambiental na perspectiva das atividades de explora??o de petr?leo e de outros recursos naturais em ?guas internacionais, especificamente na ?rea, sob a luz do princ?pio constitucional do desenvolvimento sustent?vel e sua legitima??o pela tutela internacional do meio ambiente. Assim, pretende tamb?m o presente trabalho avaliar o regime jur?dico da explora??o e produ??o de petr?leo em ?guas internacionais, notadamente na ?rea, e avaliar, nesse contexto, como podem os instrumentos e mecanismos constitucionais de prote??o ambiental imiscuir-se na esfera de internacional prote??o ao meio ambiente como forma de garantir ?s presentes e futuras gera??es um meio ambiente ecologicamente equilibrado, previsto no artigo 225 da Constitui??o Federal, mesmo diante de tantos riscos apresentados pela atividade de explora??o e produ??o de petr?leo em ?guas internacionais. Nesse ?nterim, pretende-se, ainda, investigar a possibilidade de responsabiliza??o futura do dano ambiental como forma de garantir esse postulado constitucional e, para tanto, ambiciona-se delimitar o conceito de dano ambiental e suas implica??es diante do princ?pio constitucional da prote??o ao meio ambiente. Diante de tudo o que fora exposto, pretende este trabalho contribuir para a evolu??o da nova Teoria do Risco Ambiental, transformando o Direito em algo mais que um elemento corretivo ou punitivo nessa sociedade, mas que seja um instrumento jur?dico de gest?o de riscos, podendo ser acionado antes mesmo da consolida??o do dano

Underwater cultural heritage (UCH) sites are unique in how their artifacts and archaeological contexts differ from terrestrial heritage sites, but UNESCO notes that UCH sites in less-actively regulated areas, like international waters, are at a high risk of having their material culture remains destroyed, pillaged, or commercially exploited, especially as technological innovations continue to increase access to the deep sea and its resources. International treaties like UNESCO's 2001 Convention on the Protection of the Underwater Cultural Heritage demonstrate efforts by the international community to protect UCH, however many maritime states including the U.S. have not signed it out of a concern that the treaty oversteps the international legal framework established by the 1982 UN Convention on the Law of the Sea (UNCLOS). In order to better understand how UCH is (or is not) protected in international waters around the world, this thesis examines the threats facing UCH in international waters as well as the contemporary legal frameworks designed to protect this cultural heritage. Several solutions aimed at addressing key threats facing UCH in international waters caused by these legal and regulatory systems and which can be taken by the U.S. and international community at large are also proposed. / Master of Arts / Underwater cultural heritage including shipwrecks, sunken port architecture, and even entire sunken cities provide important information about humanity's history of using the world's oceans and seas. Unfortunately, many of these underwater cultural heritage sites are highly at-risk of being accidentally destroyed or pillaged by people who are more interested in selling antiquities than learning about them. This problem is particularly exasperated in international waters, in which no country has the sole right to make or enforce laws to protect these cultural resources. While there are several international laws and treaties designed to protect underwater cultural heritage sites, some countries, including the U.S., have refused to sign them. To better understand why, this thesis discusses the risks facing underwater cultural heritage sites in international waters and the legal options available to help protect them. Several solutions aimed at addressing primary threats facing underwater cultural heritage sites and which the U.S. could adopt are also proposed.

From the Proceedings of the 1978 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - April 14-15, 1978, Flagstaff, Arizona / Discontinuous water quality data for the San Pedro River in southeastern Arizona is analyzed to illustrate the nature of water quality problems of ephemeral flow. The San Pedro drains a northerly-trending basin of 4,483 square miles, of which 696 are in Mexico and 3,787 in Arizona. Several questions arise in the consideration of a rational management plan: what is the necessity for protection of ephemeral flow quality when the channel consists of a dry wash much of the year, where there is little aquatic or wildlife to protect, and where occasional flow during flood conditions is put to little use by humans; and where and how do we use the ephemeral flow it is indeed decided to utilize it. Such questions as these form the basis of this discussion in an effort to bring out the point that water quality problems of ephemeral flow in arid areas differ from those in the humid zone. It is argued that in between the extremes of prohibiting or treating all runoff or eliminating all sources of pollution, there is actually little that can be done to control all sources of pollution in this typical arid stream, despite the fact that standards, for the most part unattainable, have been set for this flow.

From the Proceedings of the 1971 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - April 22-23, 1971, Tempe, Arizona / The Colorado River is the only major stream in the U.S. whose water supply is fully utilized. This distinction has brought the Colorado more than its share of controversy, within states, between states and between nations. The Colorado River compact, whose purpose was to equitably apportion the waters between the upper and lower basins and to provide protection for the upper basin through water reservation, was ratified by all states except Arizona, in 1923. Arizona finally ratified it in 1944. The history of controversies and negotiation concerning the compact are outlined through the supreme court decision on march 9, 1964, which entitled California to 4.4 maf, Nevada to 0.3 maf and Arizona to 2.8 maf, of the first 7.5 maf available in the lower Colorado. Unfortunately, the court did not attempt to establish priorities in the event of shortage. The problem is complicated by an international treaty of 1944, guaranteeing Mexico 1.5 maf annually, except in years of unusual circumstances. Because Senator Connally of Texas was then chairman of the senate foreign relations committee and because the treaty allocated twice as much Colorado River water to Mexico as it was then using, it was argued that this treaty represented a tradeoff to Mexico, giving it less water from the Rio Grande in exchange for more water from the overburdened Colorado. Problems of inter-basin water transfer studies, uniform Colorado basin water quality standards and central Arizona project planning are discussed.