A interação entre o direito internacional do mar e o direito internacional das mudanças climáticas no controle das emissões de gases de efeito estufa : uma releitura da aplicação do princípio das responsabilidades comuns, porém diferenciadas e respectivas capacidades no transporte marítimo internacional

Abstract

The international legal system has faced challenges in the interplay between the Law of the Sea and International Climate Change Law, particularly regarding the regulation of geenhouse gas (GHG) emissions in international maritime transport. This complex issue involves emissions from both developed and developing countries, as well as the application of the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) derived from the climate regime. However, this principle conflicts with the principle of non-discrimination and equality of treatment - the principle of flag neutrality - which stems from the maritime regime and the International Maritime Organization (IMO), the competent international organization to regulate the sector. In this context, the following research question has been established: In a world marked by international maritime transport, with significant socio-economic impacts and a substantial contrast in greenhouse gas emissions between developed and developing countries, to what extent can the Principle of Common but Differentiated Responsibilities and Respective Capabilities be applied by the Law of the Sea in the equitable control of marine pollution arising from greenhouse gas emissions by developing countries? To address this research question, the general objective is to analyze the interaction between t he Law of the Sea and International Climate Change Law in the control of greenhouse gas emissions originating from international maritime transport, through a re-reading of the application of the CBDR-RC principle, particularly regarding the equitable distribution of responsibilities between developed and developing countries. To this end, the thesis is divided into two parts. While the first part aims to analyze the connection between oceans and climate change from the physical-natural, institutional, and normative dimensions, the second aims to directly understand the relationship between international maritime transport and the principle of common but differentiated responsibilities and respective capabilities, analyzing the interaction between the Law of the Sea and International Climate Change Law. In this framework, the five specific objectives of the thesis are presented, which are addressed in its chapters: (I) To understand the physical-natural dimension of oceans and climate change; (II) To analyze the institutional dimension of International Climate Change Law in the oceanic issue, identifying the main international institutions dealing with the climate issue; (III) To investigate the normative dimension of climate change and oceans; (IV) To understand international maritime transport in the contrast between developed and developing countries and the CBDR-RC principle; (V) To interpret the application of the principle of common but differentiated responsibilities and respective capabilities by the Law of the Sea. Thus, the hypothetical-deductive research method and exploratory and bibliographic research techniques were adopted. It is concluded that the CBDR-RC principle can be applied by the Law of the Sea in the equitable control of GHG emissions in international maritime transport, allowing developing countries, despite their limitations, to adopt appropriate measures to reduce them, while respecting common but differentiated obligations based on national capabilities. [resumo fornecido pelo autor]