Marine Scientific Research And Hydrographic Survey In The Eezs: Closing Up The Legal Loopholes?

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) provides a general framework for marine scientific research (MSR) in the world's oceans, but some drawbacks exist in the UNCLOS regarding the MSR regime in the Exclusive Economic Zone (EEZ). This chapter argues that if hydrographic survey and military survey were to be excluded from the scope of MSR, these surveys could be carried out in the EEZ without any restrictions. This would eventually lead to a collapse of the present MSR regime in the EEZ. Further, MSR activities are very diverse. It is difficult to differentiate MSR from hydrographic survey activities. The chapter also describes that hydrographic/military survey conducted in the EEZs should be regulated by the same MSR regime and subject to costal States' jurisdiction. Finally, it is suggested that procedures and guidelines may be developed to close up legal loopholes and to enhance ocean management. Keywords: costal States' jurisdiction; exclusive economic zone (EEZ); hydrographic survey; legal loopholes; marine scientific research (MSR); military survey; ocean management; UNCLOS