Marine Scientific Research

International Legal Research

Information about Marine Scientific Research in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

Marine Scientific Research

 

PART XIII
MARINE SCIENTIFIC RESEARCH

SECTION 1. GENERAL PROVISIONS

Article 238
Right to conduct marine scientific research

All States, irrespective of their geographical location, and competent
International Organizations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.

Article 239
Promotion of marine scientific research

States and competent International Organizations shall promote and
facilitate the development and conduct of marine scientific research in
accordance with this Convention.

Article 240
General principles for the conduct of marine scientific
research

In the conduct of marine scientific research the following principles shall
apply:

(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere with
other legitimate uses of the sea compatible with this Convention and
shall be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance with all
relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.

Article 241
Non-recognition of marine scientific research activities
as the legal basis for claims

Marine scientific research activities shall not constitute the legal basis
for any claim to any part of the marine environment or its resources.

SECTION 2. INTERNATIONAL CO-OPERATION

Article 242
Promotion of international co-operation

1. States and competent international organizations shall, in accordance
with the principle of respect for sovereignty and jurisdiction and on the
basis of mutual benefit, promote international co-operation in marine
scientific research for peaceful purposes.

2. In this context, without prejudice to the rights and duties of States
under this Convention, a State, in the application of this Part, shall
provide, as appropriate, other States with a reasonable opportunity to
obtain from it, or with its co-operation, information necessary to prevent
and control damage to the health and safety of persons and to the marine
environment.

Article 243
Creation of favourable conditions

States and competent international organizations shall co-operate, through
the conclusion of bilateral and multilateral agreements, to create
favourable conditions for the conduct of marine scientific research in the
marine environment and to integrate the efforts of scientists in studying
the essence of phenomena and processes occurring in the marine environment
and the interrelations between them.

Article 244
Publication and dissemination of information and knowledge

1. States and competent international organizations shall, in accordance
with this Convention, make available by publication and dissemination
through appropriate channels information on proposed major programmes and
their objectives as well as knowledge resulting from marine scientific
research.

2. For this purpose, States, both individually and in co-operation with
other States and with competent international organizations, shall actively
promote the flow of scientific data and information and the transfer of
knowledge resulting from marine scientific research, especially to
developing States, as well as the strengthening of the autonomous marine
scientific research capabilities of developing States through, inter alia,
programmes to provide adequate Education and training of their technical
and scientific personnel.

SECTION 3. CONDUCT AND PROMOTION OF MARINE
SCIENTIFIC RESEARCH

Article 245
Marine scientific research in the territorial sea

Coastal States, in the exercise of their sovereignty, have the exclusive
right to regulate, authorize and conduct marine scientific research in
their territorial sea. Marine scientific research therein shall be
conducted only with the express consent of and under the conditions set
forth by the coastal State.

Article 246
Marine scientific research in the Exclusive Economic Zone
and on the Continental Shelf

1. Coastal States, in the exercise of their jurisdiction, have the right to
regulate, authorize and conduct marine scientific research in their
Exclusive Economic Zone and on their Continental Shelf in accordance with
the relevant provisions of this Convention.

2. Marine scientific research in the exclusive economic zone and on the
continental shelf shall be conducted with the consent of the coastal State.

3. Coastal States shall, in normal circumstances, grant their consent for
marine scientific research projects by other States or competent
international organizations in their exclusive economic zone or on their
continental shelf to be carried out in accordance with this Convention
exclusively for peaceful purposes and in order to increase scientific
knowledge of the marine environment for the benefit of all mankind. To this
end, coastal States shall establish rules and procedures ensuring that such
consent will not be delayed or denied unreasonably.

4. For the purposes of applying paragraph 3, normal circumstances may exist
in spite of the absence of diplomatic relations between the coastal State
and the researching State.

5. Coastal States may however in their discretion withhold their consent to
the conduct of a marine scientific research project of another State or
competent international organization in the exclusive economic zone or on
the continental shelf of the coastal State if that project:

(a) is of direct significance for the exploration and exploitation of
natural resources, whether living or non-living;
(b) involves drilling into the continental shelf, the use of explosives
or the introduction of harmful substances into the marine
environment;
(c) involves the construction, operation or use of artificial islands,
installations and structures referred to in articles 60 and 80;
(d) contains information communicated pursuant to article 248 regarding
the nature and objectives of the project which is inaccurate or if
the researching State or competent international organization has
outstanding obligations to the coastal State from a prior research
project.

6. Notwithstanding the provisions of paragraph 5, coastal States may not
exercise their discretion to withhold consent under subparagraph (a) of
that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.

7. The provisions of paragraph 6 are without prejudice to the rights of
coastal States over the continental shelf as established in article 77.

8. Marine scientific research activities referred to in this article shall
not unjustifiably interfere with activities undertaken by coastal States in
the exercise of their sovereign rights and jurisdiction provided for in
this Convention.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Continental Shelf, Convention on the Protection of the Marine Environment of the Baltic Sea Area 4, Development and Transfer of Marine Technology, Education, Exclusive Economic Zone, International Organizations, International law index M, International law index, MPEPIL: Law of the sea, MPEPIL: Public Law: M, Marine Scientific Research 2, Marine Scientific Research 3, Marine and Coastal conventions, Straits used for International Navigation, Territorial Sea and Contiguous Zone 2, United Nations Convention on the Law of the Sea 12, United Nations Convention on the Law of the Sea 24, United Nations Convention on the Law of the Sea 25, United Nations Convention on the Law of the Sea 26, United Nations Convention on the Law of the Sea 27, United Nations Convention on the Law of the Sea 32, United Nations Convention on the Law of the Sea 34, United Nations Convention on the Law of the Sea 6, United Nations Convention on the Law of the Sea 8, United Nations System Part 3.

Leave a Comment