Abstract

Prior to the 1964 implementation of the 1958 Convention on the Continental Shelf, oceanographers were free to plan and carry out research projects virtually anywhere on or under the seas of the world (see Article 5(1) and 5(8)). Today, dozens of coastal nations regulate marine research within 200 nautical miles (370 km) of their shores, imposing increasingly severe restrictions and creating diverse and uncertain consent procedures. Both the Reagan administration and Congress have acted recently to alleviate some of these jurisdictional problems being experienced by U.S. marine scientists.On March 10, 1983, President Reagan issued a proclamation on the “Exclusive Economic Zone of the United States of America” and related statements. It is the accompanying “Statement by the President” and the “Fact Sheet” on “United States Oceans Policy” (all three of which are dated March 10), rather than the proclamation, that outline the U.S. position on the conduct of marine scientific research. The “Statement by the President” declares that, While international law provides for a right of jurisdiction over marine scientific research within such a zone, the proclamation does not assert this right. I have elected not to do so because of the United States' interest in encouraging marine scientific research and avoiding any unnecessary burdens. The United States will nevertheless recognize the right of other coastal states to exercise jurisdiction over marine scientific research within 200 nautical miles of their coasts, if that jurisdiction is exercised reasonably in a manner consistent with international law. The “Fact Sheet” states that, The President has decided not to assert jurisdiction over marine scientific research in the United States EEZ [Exclusive Economic Zone]. This is consistent with U.S. interest in promoting maximum freedom for such research. The Department of State will take steps to facilitate access by U.S. scientists to foreign EEZ's under reasonable conditions.

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