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The present analysis examines the legal framework for marine scientific research with a focus on research platforms. Oceanographers find themselves faced with a complex set of provisions governing their activities not only in waters of foreign jurisdiction. As the riches of the oceans have become known to decision-makers in coastal States, international action has set the course for an ever tighter regulation of the sea uses.
Part XIII is analysed with respect to the remaining freedoms of research. In addition, the book provides an overview of air and space law relevant to research activities, and their relationship with the 1982 LOS Convention. Other international instruments are analysed for their significance in the context of customary law. Examination of possible safeguards for research activities contained in Part XIII and XV (dispute settlement) complements the legal analysis of the 1982 LOS Convention.
Mutual trust and co-operation within regional organizations are, in conclusion, the most promising avenues for a more favourable research climate.
The book addresses a legal and scientific audience, which, at a practical or academic level, deals with the law of the sea at large and the regime of marine scientific research in particular.
I. Marine Scientific Research, the Science Side,
1. Marine Scientific Research as a Distinct System,
II. The 1982 LOS Convention, the Legal Context,
2. Part XIII: History, Principles and Legal Concepts,
3. Platforms from a Legal Perspective: Definition and Status,
III.Regulation of Research by Part XIII,
4. Marine Scientific Research in the Different Zones from Sea Level,
5. Coastal State Jurisdiction with respect to Marine Scientific Research,
6. Marine Scientific Research from above Sea Level,
7. Customary Law with respect to Marine Scientific Research,
IV.Limits to Regulation,
8. Safeguards for Marine Scientific Research in Part XIII,
9. Potential of other Provisions for Research,
10. Responsibility and Liability, Conclusions, Bibliography, Index, Outline.