Marine Scientific Research 2

International Legal Research

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Treaties & Agreements

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Jurisprudence $ Commentary

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IP Law

Marine Scientific Research

 

Article 247
Marine Scientific Research projects undertaken by or under
the auspices of International Organizations

A coastal State which is a member of or has a bilateral agreement with an
international organization, and in whose Exclusive Economic Zone or on
whose Continental Shelf that organization wants to carry out a marine
scientific research project, directly or under its auspices, shall be
deemed to have authorized the project to be carried out in conformity with
the agreed specifications if that State approved the detailed project when
the decision was made by the organization for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organization to the coastal State.

Article 248
Duty to provide information to the coastal State

States and competent International Organizations which intend to undertake
marine scientific research in the Exclusive Economic Zone or on the
Continental Shelf of a coastal State shall, not less than six months in
advance of the expected starting date of the marine scientific research
project, provide that State with a full description of:

(a) the nature and objectives of the project;
(b) the method and means to be used, including name, tonnage, type and
class of vessels and a description of scientific equipment;
(c) the precise geographical areas in which the project is to be
conducted;
(d) the expected date of first appearance and final departure of the
research vessels, or deployment of the equipment and its removal, as
appropriate;
(e) the name of the sponsoring institution, its director, and the person
in charge of the project; and
(f) the extent to which it is considered that the coastal State should be
able to participate or to be represented in the project.

Article 249
Duty to comply with certain conditions

1. States and competent international organizations when undertaking marine
scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall comply with the following conditions:

(a) ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research
project, especially on board research vessels and other craft or
scientific research installations, when practicable, without payment
of any remuneration to the scientists of the coastal State and
without obligation to contribute towards the costs of the project;
(b) provide the coastal State, at its request, with preliminary reports,
as soon as practicable, and with the final results and conclusions
after the completion of the research;
(c) undertake to provide access for the coastal State, at its request, to
all data and samples derived from the marine scientific research
project and likewise to furnish it with data which may be copied and
samples which may be divided without detriment to their scientific
value;
(d) if requested, provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their
assessment or interpretation;
(e) ensure, subject to paragraph 2, that the research results are made
internationally available through appropriate national or
international channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in the
research programme;
(g) unless otherwise agreed, remove the scientific research installations
or equipment once the research is completed.

2. This article is without prejudice to the conditions established by the
laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to article 246, paragraph
5, including requiring prior agreement for making internationally available
the research results of a project of direct significance for the
exploration and exploitation of natural resources.

Article 250
Communications concerning marine scientific research projects

Communications concerning the marine scientific research projects shall be
made through appropriate official channels, unless otherwise agreed.

Article 251
General criteria and guidelines

States shall seek to promote through competent international organizations
the establishment of general criteria and guidelines to assist States in
ascertaining the nature and implications of marine scientific research.

Article 252
Implied consent

States or competent international organizations may proceed with a marine
scientific research project six months after the date upon which the
information required pursuant to article 248 was provided to the coastal
State unless within four months of the receipt of the communication
containing such information the coastal State has informed the State or
organization conducting the research that:

(a) it has withheld its consent under the provisions of article 246; or
(b) the information given by that State or competent international
organization regarding the nature or objectives of the project does
not conform to the manifestly evident facts; or
(c) it requires supplementary information relevant to conditions and the
information provided for under articles 248 and 249; or
(d) outstanding obligations exist with respect to a previous marine
scientific research project carried out by that State or
organization, with regard to conditions established in article 249.

Article 253
Suspension or cessation of marine scientific research activities

1. A coastal State shall have the right to require the suspension of any
marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:

(a) the research activities are not being conducted in accordance with
the information communicated as provided under article 248 upon which
the consent of the coastal State was based; or
(b) the State or competent international organization conducting the
research activities fails to comply with the provisions of article
249 concerning the rights of the coastal State with respect to the
marine scientific research project.

2. A coastal State shall have the right to require the cessation of any
marine scientific research activities in case of any non-compliance with
the provisions of article 248 which amounts to a major change in the
research project or the research activities.

3. A coastal State may also require cessation of marine scientific research
activities if any of the situations contemplated in paragraph 1 are not
rectified within a reasonable period of time.

4. Following notification by the coastal State of its decision to order
suspension or cessation, States or competent international organizations
authorized to conduct marine scientific research activities shall terminate
the research activities that are the subject of such a notification.

5. An order of suspension under paragraph 1 shall be lifted by the coastal
State and the marine scientific research activities allowed to continue
once the researching State or competent international organization has
complied with the conditions required under articles 248 and 249.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Continental Shelf, Exclusive Economic Zone, International Organizations, Marine Scientific Research.

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