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10 - Marine Scientific Research

Main Issues

from Part II - Our Common Ocean: Protection of Community Interests at Sea

Yoshifumi Tanaka
Affiliation:
University of Copenhagen
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Summary

Ocean governance must be based on a sound scientific understanding of the marine environment. Thus it may be argued that the freedom of marine scientific research is a prerequisite of ocean governance. However, marine scientific research or other survey activities in the offshore areas may affect economic and security interests of coastal States. In particular, military survey activities in the EEZ of another State have raised highly sensitive issues between surveying and coastal States. Hence there is a need to achieve a balance between the freedom of marine scientific research and the protection of interests of coastal States. Against that background, this chapter will address particularly the following issues.

  1. What is marine scientific research?

  2. How is it possible to reconcile the freedom of marine scientific research with the protection of interests of coastal States?

  3. Is it possible to carry out hydrographic and military survey activities in the EEZ of another State?

  4. How is it possible to ensure international cooperation in marine scientific research?

  5. Why should the transfer of technology be promoted in oceans governance?

Introduction

Marine scientific research is a foundation of ocean governance in the sense that rules governing the use of the ocean must be based on the sound scientific understanding of the marine environment. Furthermore, marine science can make an important contribution to eliminating poverty, ensuring food security, supporting human economic activity, conserving marine living resources and environment and helping predict natural disasters. Thus marine scientific research is a significant issue in the law of the sea. Indeed, the development of marine science and the law of the sea are intimately intertwined. In this regard, three patterns can be identified.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

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Treves, T. Encyclopedia of Public International Law Amsterdam, Elsevier 1997
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Stephens, T. The International Law of the Sea Oxford and Portland, Oregon, Hart Publishing 2010
Caflisch, L. The Legal Régime of Marine Scientific Research and the Third United Nations Conference on the Law of the Sea 1978 38 ZaöRV 848 Google Scholar
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Pedrozo, R. Close Encounters at Sea: The USNS Impeccable Incident 2009 62 Naval War College Review 101 Google Scholar
Bateman, S. Hydrographic Surveying in the EEZ: Differences and Overlaps with Marine Scientific Research 2005 29 Marine Policy 167 Google Scholar
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Haiwen, Zhang Is It Safeguarding the Freedom of Navigation or Maritime Hegemony of the United States? Comments on Paul (Pete) Pedrozo’s Article on Military Activities in the EEZ 2010 9 Chinese Journal of International Law 31 Google Scholar
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Lowe, A. V. The Legal Order of the Oceans: Basic Documents on the Law of the Sea Oxford 2009
Franckx, E. American and Chinese Views on Navigational Rights of Warships 2011 11 Chinese Journal of International Law 187 Google Scholar

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