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CC.Inddcc.Indd 1 007/11/20187/11/2018 223:36:123:36:12 2 ] TAFSIR MALICK NDIAYE RODRIGO FERNANDES MORE editors PROSPECTS OF EVOLUTION OF THE LAW OF THE SEA, ENVIRONMENTAL LAW AND THE PRACTICE OF ITLOS New Challenges and Emerging Regimes 1st edition Rio de Janeiro SaG Serv 2018 MMOREORE - CCC.inddC.indd 1 007/11/20187/11/2018 223:36:123:36:12 2 ] MMOREORE - CCC.inddC.indd 2 007/11/20187/11/2018 223:36:573:36:57 PROSPECTS OF EVOLUTION OF THE LAW OF THE SEA, ENVIRONMENTAL LAW AND THE PRACTICE OF ITLOS New Challenges and Emerging Regimes Essays in Honour Of JUDGE VICENTE MAROTTA RANGEL Editors JUDGE TAFSIR MALICK NDIAYE International Tribunal for the Law of the Sea PROFESSOR RODRIGO FERNANDES MORE Department of Sciences of the Sea, Federal University of Sao Paulo, Brazil 2018 MMOREORE - CCC.inddC.indd 3 007/11/20187/11/2018 223:36:573:36:57 Diagramação: SAG Editoração e Serviços ME Capa: Asteclides Alvaro Ferreira Saraiva ISBN: 978-85-63523-12-9 4 ] MMOREORE - CCC.inddC.indd 4 007/11/20187/11/2018 223:36:573:36:57 FOREWORD It is a singular honor to introduce this work. Professor Vicente Marotta Rangel, deservedly praised by professors Tafsir Malick Ndiaye, Rodrigo Fernandes More, and other authors, was among the most eminent students of the Law of the Sea in Brazil and in the world. Throughout a fruitful life journey, the illustrious Professor Rangel was a chaired professor of International Public Law at the School of Law of the University of São Paulo, an institution he directed from 1982 to 1986. He also distinguished himself as a legal advisor to the Ministry of Foreign Relations between 1990 and 1992, and as head of the legal office of the Brazilian Space Agency from 1994 to 1995. The complex and challenging field of the Law of the Sea, however, was where he marked his greatest contribution as a notable jurist and humanist as a consultant, between 973 and 1982, to the Brazilian delegations to the III [ 5 MMOREORE - CCC.inddC.indd 5 007/11/20187/11/2018 223:36:573:36:57 Conference of the Law of the Sea, from which emerged the United Nations Convention on the Law of the Sea, the “Sea Constitution”. Given that Brazil has a strong tradition in the area of the Law of the Sea, Professor Rangel hailed and recalled with pride and respect the difficult and successful work carried out during the III Conference, alongside ambassadors and active negotiators José Sette Câmara, Carlos Calero Rodrigues, and Ramiro Saraiva Guerreiro, the latter being the formulator of Brazilian foreign policy for the sea, and Minister of Foreign Relations between 1979 and 1985, the final period of the above-mentioned Convention. The inclusion of orientations of Brazilian diplomacy in this important document clearly testifies to the extreme importance of the seas and oceans for Brazil. Being distinguished by his peers in Brazil and at the United Nations, Professor Rangel was deservedly elected in 1996 to be among the original members of the International Tribunal for the Law of the Sea. On that occasion, he stood out as the judge who received the most votes among the 21 elected. He remained a member of the Tribunal for 19 years, leaving it in 2015 at the age of 91, having honored and enriched the Brazilian judicial tradition in international courts, and having contributed a legacy for the Law of the Sea and for future generations throughout the world, especially for those in Brazil. Professor Rangel left us in 2015. From him we inherit an extensive and invaluable list of books and academic articles; but, especially, the inspiration behind the articles in this work that honors him. Sailors thank beloved Professor Rangel for his teachings and for his innumerable examples of correctness and perseverance. We stand in line and at attention, wishing him eternal fair winds and following seas! Brasília, 30 September, 2018. Ilques Barbosa Junior Fleet Admiral Brazilian Navy Chief of Staff 6 ] MMOREORE - CCC.inddC.indd 6 007/11/20187/11/2018 223:36:573:36:57 MEMORIES Eu tinha 13 anos quando meu pai, Vicente Marotta Rangel, foi eleito para o Tribunal Internacional do Direito do Mar. Foram quase vinte anos acompanhando suas partidas e chegadas, todas sempre um grande evento que minha memória faz questão de vivificar como se tivessem acabado de acontecer! Começava assim: duas semanas antes do embarque, ele tratava de escolher a maior mala da casa. Revistava uma, descartava. Investigava outra, torcia o nariz. Quando encontrava a mais adequada – cujo espaço pudesse comportar com folga pouco mais da metade em livros –, soltava um suspiro compassado. A respiração ia pouco a pouco mudando, e a tensão fazia sala até o alívio chegar. Reservava em torno de cinco a sete dias para ordenar os textos que levaria na viagem, entre papéis e livros. Tinha o hábito de anotar seus pensamentos onde mais lhe aprouvesse (contracapa de revistas e versos de embalagens eram mais úteis que muita brochura) e deixava-os lá, “decantando” por algumas [ 7 MMOREORE - CCC.inddC.indd 7 007/11/20187/11/2018 223:36:573:36:57 horas, para depois passar tudo a limpo em folhas de sulfite. Perdi a conta de quantas margens de folhas de jornal e envelopes vazios de correspondência ele preencheu com as siglas ITLOS/TIDM. No fim das contas – minha mãe se divertia quando ele próprio chegava a esta constatação –, era uma grande disputa entre papéis e vestuário. Se necessário fosse, sacrificaria pulôveres e casacos em nome de obras sobre o Atlântico. Por que não? Esses episódios todos me remetem ao modo como meu pai e eu construíamos nosso afeto: usávamos as palavras. Vicente Marotta Rangel se vestia com elas. Semeava significados por onde ia. Em ambientes formais, discursava sempre muito pausadamente. Entrelaçava os dedos, olhava para cima, ouvia o interlocutor respeitosamente, puxando o queixo levemente para frente com o indicador e o polegar, e dava grandes pausas entre um raciocínio e outro. Pensava cirurgicamente antes de intervir, de opinar, de ponderar. Era como o agricultor que vai ao campo colher frutas e por lá fica porque se esquece de voltar, porque se encantou ao sentir o aroma da natureza desabrochando, ganhando vida. Com Vicente Marotta Rangel, vi nascendo a língua portuguesa. Depois, a francesa. As primeiras palavras de ambas me pareciam filhotes de pássaros frágeis, penacho curto, molhado, olhos arregalados e bico bem aberto. Eram-me estranhas, difíceis, desajeitadas até. O desconforto, com o tempo, mudou. Os lábios do meu pai me ensinaram a apreciá-las. Cada fonema, cada som, ficava muito mais bonito quando era modulado pela sua voz. Ele me ensinou a pegar a palavra, aquecê-la nas palmas das mãos por alguns minutos como quem fricciona o graveto contra a pedra até ver surgir a primeira faísca, abrir as mãos e libertá-las como quem solta araras coloridas em céu de brigadeiro. Aos poucos, várias voaram. Ultrapassaram copas de mangueiras e de eucaliptos. Com Vicente Marotta Rangel, entendi que palavras libertam. Quem está por trás delas é que aprisiona. Com Vicente Marotta Rangel, aprendi a enfeitar os ouvidos de quem a gente ama com palavras vindas do coração. E foi nesse meu jardinzinho, que todo mundo tem do lado esquerdo do peito, onde ele plantou as mais bonitas: “obrigado”, “me desculpe, não quis magoar você”, “poderia me dar licença, por favor”, “eu te amo muito”, “é a Cinderella do papai!”. 8 ] MMOREORE - CCC.inddC.indd 8 007/11/20187/11/2018 223:36:573:36:57 Este livro versa sobre essas sementinhas que Vicente Marotta Rangel plantou nos oceanos e que floresceram em salas de aula e bibliotecas do Brasil, em palestras em Nova Iorque, em conferências em Haia, em corações. Apresenta o seu legado sob a perspectiva dos amigos e admiradores de sua erudição, elegância, competência e sensibilidade. É um livro com muitas palavras. Todas doces. Porque são sobre Vicente Marotta Rangel. Meu eterno e amado pai. Chantal Scalfi Rangel Original in Portuguese Translation at the end of this Book [ 9 MMOREORE - CCC.inddC.indd 9 007/11/20187/11/2018 223:36:573:36:57 CONTRIBUTORS Editors TAFSIR MALICK NDIAYE, Judge, International Tribunal for the Law of the Sea. Doctor of Law, University of Paris (magna cum laude, 1984). Assistant Lecturer, University of Paris X (1981); Assistant, Collège de France, Professor René Jean Dupuy Chair of International Law (1981); Lecturer, University of Dakar (1984); Director of the Research Centre, Faculty of Law, University of Dakar (1985); Counsel and Co-Agent of the Government of Senegal in the case of the delimitation of the maritime boundary between Senegal and Guinea-Bissau (1985), Arbitration Tribunal, Geneva (1986–1989), International Court of Justice, The Hague (1989– 1991); Adviser to the Government of Senegal on Senegambia (1986); UN consultant (undertook several missions for the UN, 1989); Legal Adviser to the Senegalese Government in the negotiations concerning Senegal’s commercial debt, London Club (1989); Rapporteur, Commission on the Reform of the Senegalese Electoral Code (1991); Expert, Global Coalition for Africa, Washington (1992); Jurisconsult (1992); visiting professor at various universities; member of various thesis committees; lecturer at: The Summer Academy of The International Foundation for the Law of the Sea (2008–2015), the Nippon Foundation’s Capacity building programme concerning International Disputes Settlement (2009, 2010, 2012, 2015); Member, International Association of Athletics Federations (IAAF), Ethics Commission (2014–present). 10 ] MMOREORE - CCC.inddC.indd 1100 007/11/20187/11/2018 223:36:573:36:57 RODRIGO FERNANDES MORE. Professor on the Law of the Sea, Fishing Regulations and Law applied to marine bio-prospection to the Department of Sciences of the Sea, Institute of the Sea, Federal University of São Paulo, Brazil.
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