Geoscience Reference
In-Depth Information
8.2 Ocean observation and marine scientific research
The United Nations Convention on the Law of the Sea (UNCLOS) devotes its Part XIII
(Articles 238-265) to Marine Scientific Research and its Part XIV to Development and
Transfer of Marine Technology. Part XIII provides a comprehensive set of provisions for the
conduct of marine scientific research (MSR), in particular in relation to the consent needed
of a coastal state for other states or international organizations to carry out MSR in its ex-
clusive economic zone (EEZ) or continental shelf (Art. 246, UNCLOS). During the pre-
paratory works for UNCLOS, several definitions of MSR were proposed without, however,
agreement being reached (UN/DOALOS,
2010
). As a result, Part XIII of UNCLOS does not
define MSR and provides only a few references to the nature of MSR in relation to:
·
the phenomena and processes occurring in the marine environment (Art. 243,
UNCLOS);
·
the advance of scientific knowledge of the marine environment for peaceful pur-
poses, in particular in relation to (a) exploration and exploitation of natural re-
sources, living or non-living, (b) drilling into the continental shelf, use of explos-
ives, or introduction of harmful substances into the marine environment, and (c)
construction, operation, or use of artificial islands, installations, and structures (Art.
246, UNCLOS).
Anumber ofprovisions relate tothe role ofcompetent international organizations inthe pro-
motion of international cooperation, in particular for the creation of favourable conditions
and publication and dissemination of information and knowledge (Arts. 242-244), as well
as in relation to projects undertaken by them or under their auspices.
Article 251 calls on competent international organizations to establish general criteria
and guidelines to assist states in ascertaining the nature and implications of marine scientific
research. A comprehensive guide to the implementation of the provisions of UNCLOS re-
lated to MSR was published by the United Nations in 2010 (UN/DOALOS,
2010
). Concern-
