Appunti di International Law of the Sea

III. Parallel because the activities shall be carried out by the Enterprise on one hand and the States is association with the Authority on the other hand.

The Enterprise is defined in art 158: it was the organ with which the ISA wanted to carry out the exploration and the exploitation. A sort of armed arms of the authority.

The problem is that the Enterprise would have received no funds because no states would have ever paid for such a similar service. So the Enterprise doesn't exist!

In the 1994 it was proposed an implementing agreement in order to modified the part XI of UNCLOS. In 1994 it was opened for signing. Political and economic changes, the universal participation are elegant worlds to say that since no one wants to pay for the Enterprise we cannot run the risk to approve a convention that has the risk to not enter into force.

Market oriented approaches need to implement the participation to the conference.

The common heritage mankind is still there but some articles

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have been changed so it is necessary to read also the implementation when facing this part, as a single instruments.

Even though it is called implementing it is not an implementing agreement but a modifier of the UNCLOS. This regime would have never been in place if it was entered without the most industrialized countries.

In order to avoid the risk the president decided to take some consultation with states on some outstanding issues. The outstanding issues discussed during the informal consultations were the costs to States parties (the cost of authorities and other institutions of the UNCLOS will be too high but it was also noted that when the convention enters in force not all the institutions will be required immediately so all the institutions should be reduced in number because only necessary institutions will be required), the Enterprise (unacceptable for private companies, because it would have been too much "powerful", it is considered as a sort of a national industry.

The system of royalties was preferred instead of the Enterprise. A compromise was reached: the Enterprise will be taken into consideration when the sea mining problem will be relevant; nowadays this is becoming a reality. Also, the agreement makes it clear that the States are not obliged to finance the operations. The Enterprise should have a contract with the authorities after finding funds. The decision-making process (industrialized countries want representation in the authorities and want to avoid decisions being taken by others) should reflect the decision of the use of the seabed. It is necessary to reach a consensus. A finance committee is required.

Production limitation is also a factor (limit for each year of usage). This is used to protect land-based producers because if the same material is found even underwater, their affairs will be at risk. This provision was seen as no longer practical because of the change of markets and consumption in the 80's. Production has become more...

restrict and the whole idea of limiting the production as seen as a principle against the free competition. Originally the idea was good but it wasn't good for the successive years. It was replaced with a new policy based on some commercial principals and the roles of WTO, world trade organization), environmental considerations.

What is the relation between the UNCLOS and the Implementing agreement? The 1994 I.A. must be read together with the UNCLOS as if they were a single object but the agreement prevails (consider as a) on the convention. lex specialis States cannot accept the 1994 I.A. without accepting also the UNCLOS.

Art 311 of the UNCLOS: Relation to other conventions and international agreements " (...) 6. States Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof". Common heritage of mankind is the 3rd

Pillar of the UNCLOS nowadays. It is untouchable.

Marine Scientific Research

It plays a crucial role because:

• It is one of the catalyst for the very development of the law of the sea (e.g. poly-nodules nobody knows them in the first Geneva convention so it was necessary to sign an implementing agreement)
• It provides essential data for the implementation of the law of the sea (best available scientific data regarding some species is a pre-requisite to determine total catches of fishing for example)
• The law of the sea may give impetus to develop MSR. (The opposite of point 1. E.g. Progress of the seabed research to determine which is the continental shelf).

Part XIII regulates this issues.

The tension is between then freedom of research and the safeguarding of coastal states. MSR should not encounter limitation but it can raise some sensitivity regarding economic interests.

One of the most controversial issue at the 13th UNCLOS (?) was to extend to which MSR should be regulated.

What raisedifficulty was the undertaking of the MSR in the exclusive economic zone. States feared that the MSR could be used toacquire informations or to exploit resources of the coastal State.One of the most controversial thing in the law is to determine where the resource was found (big problem for geneticresources).The UNCLOS doesn’t contain any definition of MSR (is is intentional?). MSR can be considered as any scientific study orrelated experimental work having the marine environment as its object (astronomical observation taking out in the sea is notconsidered MSR. Instead scientific research taking out of the sea but with the sea as the object are considered MSR).MSR can be divided into pure (peaceful purposes, used to amply the knowledge ) and applied (exploitation of the resources).The difference can be also found in the possibility to set free the studies.MSR is different form the exploration of marine natural resources (part V). For the exploration in the EEZ theresearch shall be conducted in a manner that avoids significant harm to the marine environment and shall minimize any adverse effects on it;marine scientific research shall be conducted in accordance with international law, including the United Nations Convention on the Law of the Sea;States and competent international organizations shall cooperate in the conduct of marine scientific research and shall exchange scientific data and information obtained from such research;States and competent international organizations shall promote the training and exchange of scientists and technical personnel engaged in marine scientific research;States and competent international organizations shall promote the dissemination of the results of marine scientific research and the exchange of scientific information obtained from such research;States and competent international organizations shall take appropriate measures to protect the intellectual property rights of scientists and technical personnel engaged in marine scientific research;States and competent international organizations shall take appropriate measures to ensure the safety and security of scientists and technical personnel engaged in marine scientific research;States and competent international organizations shall take appropriate measures to prevent and respond to accidents, incidents, and emergencies involving marine scientific research activities;States and competent international organizations shall take appropriate measures to prevent and combat the illicit trafficking of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized access to marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disclosure of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized use of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized alteration of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized destruction of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized reproduction of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized distribution of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized sale of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized import and export of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized possession of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized transfer of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disposal of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized access to marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disclosure of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized use of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized alteration of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized destruction of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized reproduction of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized distribution of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized sale of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized import and export of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized possession of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized transfer of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disposal of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized access to marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disclosure of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized use of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized alteration of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized destruction of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized reproduction of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized distribution of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized sale of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized import and export of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized possession of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized transfer of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disposal of marine scientific research data and information;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized access to marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disclosure of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized use of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized alteration of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized destruction of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized reproduction of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized distribution of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized sale of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized import and export of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized possession of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized transfer of marine scientific research equipment and materials;States and competent international organizations shall take appropriate measures to prevent and combat the unauthorized disposal of marine scientific research equipment and materials;Il tuo compito è formattare il testo fornito utilizzando tag html. 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research shall be conducted in compliance with all relevant regulations adopted in conformity with this• Convention including those for the protection and preservation of the marine environment.

Art 241:Non-recognition of marine scientific research activities as the legal basis for claims“Marine scientific research activities shall not constitute the legal basis for any claim to any part of the marine environmentor its resources”.

Many countries like UK, France and Norway used their scientific expeditions to claim some portions of Antarctica. This is notpossible according to the UNCLOS. Art. 245:Marine scientific research in the territorial sea“Coastal States, in the exercise of their sovereignty, have the exclusive right to regulate, authorize and conduct marinescientific research in their territorial sea. Marine scientific research therein shall be conducted only with the expressconsent of and under the conditions set forth by the coastal State”.

essere costantemente richiesto wuetso permesso o una volta ottenuto non serve più richiederlo? Come funziona con ilMarhe Center?)

The EEZ requires a presidential decree to enter in force. When there is the doubt on the EEZ it is important to ask to boththe States for the permission of the MSR.

In art 21 MSR is one of the issues that is regulated by the coastal State, what we already read in the art 245.

In art 19 the carrying out of research or survey activities is one of the activities that a ship engages to be considerprejudicial to the peace, good order or security so it hasn’t the right of innocent passage (requires the consent of thecoastal state).

Art 248: States and competent international organizations which intend to undertake marine scientific research in theexclusive economic zone or on the continental shelf of a coastal State shall, not less than six months in advance of theexpected starting date of the marine scientific research project, provide that State with a

1. The nature and objectives of the project:
• The project aims to conduct marine scientific research in the exclusive economic zone and on the continental shelf.
2. The method and means to be used:
• The research will be conducted using vessels with specific characteristics:
• Name: [insert vessel name]
• Tonnage: [insert tonnage]
• Type: [insert vessel type]
• Class: [insert vessel class]
• The scientific equipment used for the research will be described in detail.
3. The precise geographical areas in which the project is to be conducted:
• The research will be conducted in the exclusive economic zone and on the continental shelf.
4. The expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal:
• The research vessels are expected to appear on [insert date] and depart on [insert date].
• The equipment will be deployed on [insert date] and removed on [insert date].
5. The name of the sponsoring institution, its director, and the person in charge of the project:
• Sponsoring Institution: [insert institution name]
• Director: [insert director's name]
• Person in charge of the project: [insert person's name]
6. The extent to which it is considered that the coastal State should be able to participate or to be represented in the project:
• [Insert extent of coastal State participation or representation]

1. Coastal States have the right to conduct scientific research in their exclusive economic zone and on their continental shelf in accordance with the relevant provisions of this Convention.

2. Marine scientific research in the exclusive economic zone and on the continental shelf shall be conducted with the consent of the coastal State.

3. Coastal States shall, in normal circumstances, grant their consent for marine scientific research projects by other States or competent international organizations in their exclusive economic zone or on their continental shelf to be carried out in accordance with this Convention exclusively for peaceful purposes and in order to increase scientific knowledge of the marine environment for the benefit of all mankind. To this end, coastal States shall establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably.

4. (...)

5. Coastal States may, however, in their discretion withhold their consent to the conduct of a marine scientific research project of another State.

on of the natural resources of the exclusive economic zone or the continental shelf; (b) involves the construction, operation or use of artificial islands, installations and structures; (c) involves the drilling of boreholes or the installation of pipelines or other subsea installations; (d) involves the use of explosives; (e) involves the discharge of pollutants or the release of other substances causing pollution or significant changes to the marine environment; (f) involves the fishing activities of vessels; (g) involves the research or survey activities of vessels; (h) involves the laying, maintenance or repair of submarine cables or pipelines; (i) involves the construction, operation or use of any other installations or devices necessary for such projects; (j) is likely to have significant adverse effects on the marine environment. In addition, the coastal State may also require notification for any other activities or projects in its exclusive economic zone or on its continental shelf that may interfere with the exercise of its sovereign rights or jurisdiction.