Visión marítima del Ecuador en sus espacios marítimos jurisdiccionales y en la región del Océano Pacífico Oriental frente al derecho del mar, período 2012-2021

In 2012 Ecuador acceded to the United Nations Convention on the Law of the Sea (UNCLOS), after this process the country had to enter a phase to shape foreign policies to take advantage of living and non-living resources of the sea; in addition to start the harmonization of national legislation with...

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Dettagli Bibliografici
Autore principale: Genovese Cevallos, Giancarlo (author)
Natura: bachelorThesis
Pubblicazione: 2022
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Accesso online:http://repositorio.iaen.edu.ec/handle/24000/6639
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Riassunto:In 2012 Ecuador acceded to the United Nations Convention on the Law of the Sea (UNCLOS), after this process the country had to enter a phase to shape foreign policies to take advantage of living and non-living resources of the sea; in addition to start the harmonization of national legislation with the law of the sea. The objective of this research is to search for answers to the consequences of using the UNCLOS for national development and the use of natural resources from the jurisdictional maritime spaces of Ecuador and the Eastern Pacific Ocean, considering the period between 2012 and 2021. The first chapter sets out the basis of the research through a review of the literature on the law of the sea, the statement of objectives and the methods used for this case study, under a single sample, seeks to understand the specificities of the application of the law of the sea for Ecuador; and that, despite the qualitative nuance of the research, hard data are also used to validate the analysis and conclusions. The second chapter presents the theoretical framework on the law of the sea as Public International Law, jurisdictional maritime spaces in terms of sovereignty and theory on areas of interest in the sea, from a geopolitical perspective. The development of the analysis follows in chapters three and four, which explain, among other things, the evolution of Ecuador's adhesion to the UNCLOS, with topics such as the thesis of the two hundred miles, the resolution of the country's maritime limits, national maritime interests in the jurisdictional maritime spaces and in the high seas, and the relationship between the different internal and external public policies that make up the country's vision towards the sea. Finally, the study proposes conclusions on the importance of the law of the sea for all States and the need to have strong foreign policies that allow the use of international instruments for the benefit of the country, especially when interests are harmed by the presence of economic and military powers in maritime spaces that are a common good of humanity and to which Ecuador also possesses a right to access.