Marine Science Law Definition

The lack of clarity as to where the power to enforce ecosystem protection is atypical of UNCLOS, which also shows a major concern about the clarity of jurisprudence regarding the balance between competing interests in international shipping and the environmental concerns of coastal States. In general, UNCLOS limits the power of States to enforce national and international environmental regulations when those powers conflict with other principles established in different jurisdictions for different categories of maritime space. For example, the jurisdiction of the coastal State to enforce national laws is subordinated to the right of innocent passage through the territorial sea; and on the high seas, only the flag State of an offending ship has the authority to enforce international environmental rules in accordance with the principle of freedom of navigation. As a result of these provisions, some environmentalists believe that UNCLOS does not provide the basis for full and effective protection of the marine environment, even after its entire agreement-making programme is finally completed. NOAA, Marine Scientific Research Data (marine oceanographic, meteorological and geophysical data submitted to NOAA by foreign scientists authorized to conduct MSRs in waters under U.S. jurisdiction) For more information on U.S. marine scientific research policies and application procedures, click here and contact OPA at MarineScience@state.gov. This article describes the international law of the sea, focusing mainly on the Convention on the Law of the Sea. Important improvements in the framework of the United Nations Convention on the Law of the Sea are highlighted. The development of the law of the sea can be conceived as a tree with UNCLOS as its trunk. Its roots are historical customs, centuries old, and agreements that emerged mainly after the Second World War. Its branches are customs, agreements and soft law, which is only beginning to take shape. Six thematic areas are covered: core principles, expertise, fisheries resources, mineral resources, marine science and technology, environmental protection and dispute settlement.

Under the United Nations Convention on the Law of the Sea, coastal States have the right to regulate and authorize marine scientific research in these marine areas and, in any event, the consent of the coastal State is required. The Convention also states that “appropriate official channels” must be used to obtain consent for marine scientific research. The OPA serves as an appropriate official channel for U.S. researchers (publicly or privately funded) seeking approval from foreign coastal states, as well as foreign researchers seeking U.S. approval. Each year, the OPA handles approximately 400 requests for consent from foreign coastal states and 40 requests for consent from the United States. The OPA also maintains records of application and consent files dating back to 1990. NOAA strives to leverage and benefit from marine scientific research conducted by foreign scientists in marine areas under U.S. jurisdiction. Therefore, any letter from the State Department that approves such research requires the submission of a copy of all data collected during the research project and the final report of the research project to NOAA`s National Environmental Information Center. NOAA scientists are also required to provide, at the request of a foreign coastal state, reports and access to data and samples from NOAA`s MSR activities conducted in the territorial sea or EEZ of a foreign coastal state or on its continental shelf. An EEZ is a maritime area through which a State has special rights to explore and exploit marine resources, including the production of energy from water and wind.

In general, a State`s EEZ is an area beyond and adjacent to the territorial sea that extends to the sea to a maximum distance of 200 nautical miles (about 370 km) from its coastal baseline. However, there are still exceptions to this rule where the EEZs of neighbouring countries overlap. That is, the coastal baselines of these states are less than 400 nautical miles (about 740 km) apart. When EEZ overlap occurs, it is up to states to determine their actual maritime boundary, even if there are several international conventions or rules (note that they can also be confusing, as some of these conventions or rules conflict with each other). Under international law, all States have the right to conduct marine scientific research, subject to the rights and obligations of other States (see Convention on the Law of the Sea, in particular Part XIII (art. 238-264) off-site link). All States are also required to promote and facilitate the development and conduct of marine scientific research. Under international law, coastal States also have the right to regulate and authorize marine scientific research in their territorial sea, exclusive economic zone and continental shelf. In summary, the main issues addressed in the provisions of the United Nations Convention on the Law of the Sea are the setting of limit values, navigation, archipelago status and transit rules, the EEZ, jurisdiction over the continental shelf, deep-sea mining, exploitation regime, protection of the marine environment and dispute settlement. The maritime boundary claims of major countries are described in Appendix B. An International Convention on Standards of Ship Training, Certification and Watchkeeping (STCW), adopted in 1978 and amended in 1995, requires each participating country to develop guidelines for training and certification of seafarers on board ships flying their flag. The U.S.

Guidelines for Marine Science Research in the U.S. Exclusive Economic Zone (EEZ) and Territorial Sea were established with Presidential Proclamations 5030 and 5928 and the President`s Statement on U.S. Maritime Policy of March 10, 1983, and revised by the Presidential Proclamation of September 9, 2020. MSR conducted in the U.S. territorial sea, the U.S. EEZ, and the U.S. continental shelf requires prior U.S. consent. For all scheduled stops as part of marine science research, please consult the Department of Foreign Affairs` travel advisory. If you are planning a stopover as part of your marine science research cruise, please contact MarineScience@state.gov. The term “marine science research” is the most common general term used to describe activities in oceans and coastal waters to increase scientific knowledge of the marine environment and its processes.