Geoscience Reference
In-Depth Information
regime of marine scientific research. The UNCLOS does not provide any definition of
'marine scientific research'. However, Article 246, which applies to the exclusive econom-
ic zone and the continental shelf, makes a distinction between two kinds of marine sci-
entific research projects, namely those carried out 'to increase scientific knowledge of the
marine environment for the benefit of all mankind' (para. 3) and those 'of direct signific-
ance for the exploration and exploitation of natural resources, whether living or non-liv-
ing' (para. 5(a). This distinction supports the conclusion that, under the UNCLOS logic,
research activities of direct significance for the purpose of exploration and exploitation of
genetic resources also fall under the general label of 'marine scientific research'. There
is an inextricable factual link between marine scientific research (either pure or applied)
and bioprospecting. A research endeavour organized with the intent of increasing human
knowledge may well result in the discovery of commercially valuable information on ge-
netic resources. Also, bioprospecting is consequently covered by Article 143, para. 1, of
the UNCLOS, which sets forth the principle that 'marine scientific research in the Area
shall be carried out exclusively for peaceful purposes and for the benefit of mankind as a
research on mineral resources. Yet the reading of Article 143 in combination with Article
246 contradicts the assumption that there is an absolute freedom to carry out bioprospect-
ing in the Area. States which are active in bioprospecting in this space are already bound to
contribute to the benefit of mankind as a whole .
Article 143, para. 3, grants to states the right to carry out scientific research in the
Area, but binds them to cooperate with other states and the ISBA in various fields, includ-
ing dissemination of results. Also this provision refers to any kind of marine scientific re-
search intheArea.Yet,themandate ofISBAdeserves close scrutiny,especially ifitistobe
understood, not only as an entity involved in marine mining activities in competition with
others, but as the international organization which bears the main responsibility to realize
a just and equitable economic order for the oceans and seas. Nothing prevents states from
expanding the mining focus ofthe ISBA andgranting toit some broader management com-
petences in the field of genetic resources.
