25 Marine Scientific Research

Author(s):  
Stephens Tim ◽  
Rothwell Donald R

This chapter begins by considering the definition of marine scientific research (MSR), followed by a brief assessment of the development of the regime dealing with MSR. It then examines the MSR regime contained within the 1982 UN Nations Convention on the Law of the Sea (LOSC) from a zonal and operational perspective, followed by an analysis of how MSR is dealt with in complementary legal regimes. Next, the chapter reviews current coastal State legislative frameworks regulating MSR and comments on future issues confronting the regime.

Author(s):  
George Taft ◽  
Hideo Kagami

The Third United Nations Conference on the Law of the Sea sought to establish a definition of the continental shelf that would accommodate the interests of a number, albeit a minority, of coastal States. This included consideration of various submarine elevations, including ridges, and their relationship to the regime of the continental shelf. For a variety of reasons, submarine and oceanic ridges have proved to be contentious. Indeed, this chapter proved to be the most difficult of all the chapters in this book to obtain a text to which all the authors, scientists, and lawyers could agree. Therefore, rather than produce an anodyne chapter which might have summarized only those areas of agreement, we considered it best to also cover areas where agreement was lacking. This provides the reader with both sides of the argument and the opportunity to reach their own view on the basis of the evidence presented. Some of the contentious areas are . . . i. Whether or not article 76 should be interpreted in such a manner as to preclude a country situated on a ridge from having a continental shelf beyond 200 M. ii. Whether bathymetry (reflecting geomorphology) should be given more or less weight than, or the same weight as geology in any consideration of a continental shelf beyond 200 M, including extension along an oceanic ridge, iii. Whether the fact that article 76 refers to the continental shelf being a natural prolongation of the land territory "to the outer edge of the continental margin" means that it can (or cannot) be applied to an island sitting on top of an oceanic ridge, iv. Whether or not article 76 can be interpreted in such a way as to allow a coastal State to "jump" its claim from the margin onto an adjacent ridge. v. Whether or not article 76 limits the use of ridges so that coastal States do not unreasonably extend their continental shelf regime. . . . Ultimately, for the answers to these questions, the reader will need to look to the Commission on the Limits of the Continental Shelf (the Commission), together with the outcome of diplomacy.


Author(s):  
Francis Rigaldies

SummaryThe use of the concept of an exclusive Economie zone has increased since the adoption of the United Nations Convention on the Law of the Sea. However, the characterization of this zone varies greatly between States. This article presents an exhaustive survey of the concept of an exclusive Economie zone. The author discusses the types of jurisdiction exercised by States in their uses of an exclusive Economie zone. Disparity exists between the provisions of the Convention and State practice in some specific areas: for example, the provisions on the environment and on scientific research. Despite these exceptions, the author maintains that the basic tenets of the Convention are respected in State practice. State declarations as well as arbitral and judicial decisions show that the Convention and State practice are together evolving to reinforce the basic principles of the concept of an exclusive Economie zone.


2018 ◽  
Vol 112 ◽  
pp. 285-288
Author(s):  
Damos Agusman
Keyword(s):  

The conclusion of the Law of the Sea Convention in 1982 (Convention), highlighted by the emergence of a new maritime zone and the extension of the breadth of territorial sea from three to twelve nautical miles, has required Indonesia to adjust its maritime boundaries. As any other coastal state, Indonesia is entitled to all maritime zones as provided by the Convention and therefore needs to draw the boundaries for the respective zone in accordance with its provisions. Geographically, Indonesia is bordered by ten neighboring states where the maritime zones overlap. As prescribed by the Convention, Indonesia shall enter into negotiation with its neighbors to reach an agreement. This Article will explain how Indonesia addresses the issue.


2016 ◽  
Vol 1 (2) ◽  
pp. 210-243 ◽  
Author(s):  
Anh Duc Ton

The United Nations Convention on the Law of the Sea (losc) is well known as the “Constitution for the Oceans”; however, the passage of foreign warships through the territorial sea of a coastal State is not clearly addressed. All East Asian littoral States (except North Korea and Cambodia) are parties to the losc but their practices regarding the innocent passage of warships are different. This article provides an analysis of the innocent passage regime of the losc, the practice of East Asian littoral States regarding the innocent passage of warships as well as factors that have influenced the trends in their practices.


Marine Policy ◽  
2020 ◽  
Vol 115 ◽  
pp. 103850 ◽  
Author(s):  
Hilde Woker ◽  
Bernhard Schartmüller ◽  
Knut Ola Dølven ◽  
Katalin Blix

2020 ◽  
Author(s):  
Sebastian tho Pesch

Offshore wind farms compete against other uses of the sea for space. Maritime spatial planning ought to resolve such conflicts. What role does the law of the sea play? In the exclusive economic zone, the rights of the coastal state and the rights of other states are of equal importance. How can a coastal state, that is applying maritime spatial planning, respect the rights of other states to comply with the requirements of the law of the sea? This study elaborates on the roots of today´s problems and develops solutions.


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