Papers by Fatima Castro Moreira
Studia Iuridica Lublinensia, Sep 28, 2023
Portugal's ratification of the United Nations Convention on the Law of the Sea in 1997 brought wi... more Portugal's ratification of the United Nations Convention on the Law of the Sea in 1997 brought with it the need to create an appropriate strategy to assist policy makers. This was done by the Strategic Commission for the Oceans, an entity created in 2003 with the aim of promoting a strategic plan based on the sustainable use of the ocean and its resources. More than a place allowing different uses and activities, the ocean itself should be seen as the most valuable natural resource and should be protected, preserved and valued. The political model proposed by the report suggested the creation of a specialised Council of Ministers dedicated to the formulation of policies and planning guidelines, and to the coordination of the integrated management of the sector, which together with an entity of a predominantly technical nature, reach a definition of a global policy for the sea composed of a national strategy, the regular evaluation of sea affairs and the coordination of sectoral policies. This paper begins with the analysis of this strategic reference as a governance model, articulating the intersections between the various actors. A current approach requires this governance model to be multi-level: global, continental/regional, and domestic/local.
Como todos saberao a CEDH consagra os direitos de primeira geracao, aqueles que constitucionalmen... more Como todos saberao a CEDH consagra os direitos de primeira geracao, aqueles que constitucionalmente, poderao ser apelidados como Direitos Fundamentais.Apesar destes nao virem expressamente previstos na CEDH, o art.o 2.o, do Protocolo I, refere-se ao direito a educacao, e o TEDH ja se pronunciou sobre o direito a saude, o direito a habitacao, o direito a um nivel de vida adequado, e o direito a seguranca social.Assim sendo, embora os mesmos nao venham expressamente previstos na Convencao, e possivel afirmar que o TEDH, em determinadas circunstâncias, pode ser chamado a avaliar estes direitos, pronunciando-se pela extensao da protecao salvaguardada pela CEDH aos direitos sociais, e condenando, em algumas situacoes, o Estado infrator.
Juridical Tribune, Jan 3, 2023
Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be ... more Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth. 3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, assessing key areas of international law, such as law of the sea, international environment law and international human rights law. Note that, in this paper we focus on the particular impact of the advisory opinions on the human rights law.
Studia Iuridica Lublinensia, 2023
Portugal's ratification of the United Nations Convention on the Law of the Sea in 1997 brought wi... more Portugal's ratification of the United Nations Convention on the Law of the Sea in 1997 brought with it the need to create an appropriate strategy to assist policy makers. This was done by the Strategic Commission for the Oceans, an entity created in 2003 with the aim of promoting a strategic plan based on the sustainable use of the ocean and its resources. More than a place allowing different uses and activities, the ocean itself should be seen as the most valuable natural resource and should be protected, preserved and valued. The political model proposed by the report suggested the creation of a specialised Council of Ministers dedicated to the formulation of policies and planning guidelines, and to the coordination of the integrated management of the sector, which together with an entity of a predominantly technical nature, reach a definition of a global policy for the sea composed of a national strategy, the regular evaluation of sea affairs and the coordination of sectoral policies. This paper begins with the analysis of this strategic reference as a governance model, articulating the intersections between the various actors. A current approach requires this governance model to be multi-level: global, continental/regional, and domestic/local.
The material scope of arbitration in administrative matters has recently been considerably enlarg... more The material scope of arbitration in administrative matters has recently been considerably enlarged, especially in regards to the administrative act. It was recognized that the Arbitral Tribunal has the power to appreciate the legality of an administrative act. Traditionally, the legality of administrative acts was reserved for state courts. However, the legal incongruity was notorious. Article 180 (1) (c) of the Code of Procedure of the Administrative Courts (CPTA), 2002, provided that arbitral tribunals could enounce "matters relating to administrative acts that could be revoked without grounds for invalidity". We could diagnose two types of legal failures. First, within Administrative Law, it was incomprehensibly admissible to arbitrate the legality of administrative acts pertaining to the contractual sphere and exclude all others from the control of arbitration law. The other flaw suffered by the regime of arbitrability of administrative acts related to the possibility...
Juridical Tribune
Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be ... more Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth.3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, asse...
Marine and coastal environment are under pressure from several pollution sources. Most of the env... more Marine and coastal environment are under pressure from several pollution sources. Most of the environmental law was developed on a sectoral basis and does not reflect the interdependence of the various issues and their solutions. Since the adoption of Blue Book, EU legislation to protect the marine environment has been progressively implemented in many relevant areas: Fisheries, Shipping, Tourism, energy, etc. The Integrated Maritime Policy covers several cross-cutting policies, more specifically blue growth, marine data and knowledge, maritime spatial planning, integrated maritime surveillance, and sea basin strategies. Oceans and sea are influenced by many activities, interests and policies and are interlinked. A holistic, integrated approach is the best way to handle maritime affairs, with States cooperation not only on an EU States basis but also with third States and International Organizations. International Organizations provide an essential forum for international cooperatio...
Juridical Tribune, 2019
Marine and coastal environment are under pressure from several pollution sources. Most of the env... more Marine and coastal environment are under pressure from several pollution sources. Most of the environmental law was developed on a sectoral basis and does not reflect the interdependence of the various issues and their solutions. Since the adoption of Blue Book, EU legislation to protect the marine environment has been progressively implemented in many relevant areas: Fisheries, Shipping, Tourism, energy, etc. The Integrated Maritime Policy covers several cross-cutting policies, more specifically blue growth, marine data and knowledge, maritime spatial planning, integrated maritime surveillance, and sea basin strategies. Oceans and sea are influenced by many activities, interests and policies and are interlinked. A holistic, integrated approach is the best way to handle maritime affairs, with States cooperation not only on an EU States basis but also with third States and International Organizations. International Organizations provide an essential forum for international cooperation in relation to environmental issues. In this context they have two important roles to play: environmental policy-making and the development of international environmental law.
e-Pública, 2020
O aproveitamento dos recursos naturais marinhos deve ser exercido pelo Estado de conformidade com... more O aproveitamento dos recursos naturais marinhos deve ser exercido pelo Estado de conformidade com o seu dever de proteger e preservar o meio marinho e integrado na sua política ambiental. Esta deve basear-se nos princípios da precaução e da ação preventiva, da correção dos danos causados ao ambiente e do poluidor-pagador. A compatibilização destes direitos e obrigações é obtida através de uma abordagem holística e ecossistémica. Esta abordagem deve ser exercida de modo prospetivo numa estratégia nacional própria definida para o tempo a que se destina. Os ecossistemas sensíveis, em que se inserem as Áreas Marinhas Protegidas (AMP), devem ser objeto de proteção reforçada. As medidas de conservação das AMP, mesmo que afetem os recursos piscatórios enquadram-se na política ambiental da União Europeia (UE), constituindo competência partilhada e não exclusiva da UE. Como membro da UE, Portugal deve harmonizar as suas políticas com as políticas da UE, sem esquecer que o tempo não para e que o aproveitamento (atual e potencial) dos recursos marinhos deve ser acompanhado pelo necessário quadro normativo.
Marine resources exploitation must be exercised by the State in accordance with its duty to protect and to preserve the marine environment and integrated into its environmental policy. This policy shall be based on the precaution, prevention, correction of damage to the environment and polluter- pays principles. The compatibility of these rights and obligations is achieved through an ecosystem and holistic approach. This approach must be exercised in a prospective way in a specific national strategy defined for the time for which it is intended. Sensitive ecosystems, in which Marine Protected Areas are part of, must be subject to enhanced protection. The conservation measures of MPAs, even if they affect fishing resources, integrate the EU environmental policy, constituting shared and not exclusive competence of the EU. As an EU State- Member Portugal must harmonize its policies with those of the EU, without forgetting that time does not stop and that the use (current and potential) of marine resources must be accompanied by the necessary regulatory framework.
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Papers by Fatima Castro Moreira
Marine resources exploitation must be exercised by the State in accordance with its duty to protect and to preserve the marine environment and integrated into its environmental policy. This policy shall be based on the precaution, prevention, correction of damage to the environment and polluter- pays principles. The compatibility of these rights and obligations is achieved through an ecosystem and holistic approach. This approach must be exercised in a prospective way in a specific national strategy defined for the time for which it is intended. Sensitive ecosystems, in which Marine Protected Areas are part of, must be subject to enhanced protection. The conservation measures of MPAs, even if they affect fishing resources, integrate the EU environmental policy, constituting shared and not exclusive competence of the EU. As an EU State- Member Portugal must harmonize its policies with those of the EU, without forgetting that time does not stop and that the use (current and potential) of marine resources must be accompanied by the necessary regulatory framework.
Marine resources exploitation must be exercised by the State in accordance with its duty to protect and to preserve the marine environment and integrated into its environmental policy. This policy shall be based on the precaution, prevention, correction of damage to the environment and polluter- pays principles. The compatibility of these rights and obligations is achieved through an ecosystem and holistic approach. This approach must be exercised in a prospective way in a specific national strategy defined for the time for which it is intended. Sensitive ecosystems, in which Marine Protected Areas are part of, must be subject to enhanced protection. The conservation measures of MPAs, even if they affect fishing resources, integrate the EU environmental policy, constituting shared and not exclusive competence of the EU. As an EU State- Member Portugal must harmonize its policies with those of the EU, without forgetting that time does not stop and that the use (current and potential) of marine resources must be accompanied by the necessary regulatory framework.