Algumas considerações sobre a produção de efeitos dos tratados de proteção do ambiente no espaço marinho

Abstract

This paper aims to analyze how the multilateral environmental treaties impact the maritime space. To achieve this, it starts with the evaluation of the general rule regarding to the effects of those treaties upon the non-participating States, which points to the sense of not binding them. On this subject, the UN Charter establishes some beacons regarding to third parties, formulating the guideline that recommend member States to induce them to act in accordance with Unted Nations precepts for the maintenance of peace and security. In case of being produced conventional reflection effects to third parties, the purpose is to influence their behavior to perform actions or omissions consistent with the standards of International Law, respected the sovereignty of each State, An example of conventional provision with reflection effects vis-à-vis third parties Member States is the article 23, nº 3 of the 1995`s Convention, which authorizes member States to prohibit the landing of third party members ships, in cases where the activity violates existing protection schemes. With regard specifically to the marine space, it is recommended the rules to obligate all subjects of international law, since it is an atmosphere in which multiple interests come together.