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SECTION 3. CONDUCT AND PROMOTION OF MARINE
SCIENTIFIC RESEARCH
Article 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 marine scientific research in
their territorial sea. Marine scientific research therein shall be
conducted only with the express consent of and under the conditions set
forth by the coastal State.
Article 246
Marine scientific research in the exclusive economic zone
and on the continental shelf
1. Coastal States, in the exercise of their jurisdiction, have the right to
regulate, authorize and conduct marine 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. For the purposes of applying paragraph 3, normal circumstances may exist
in spite of the absence of diplomatic relations between the coastal State
and the researching State.
5. Coastal States may however in their discretion withhold their consent to
the conduct of a marine scientific research project of another State or
competent international organization in the exclusive economic zone or on
the continental shelf of the coastal State if that project:
- is of direct significance for the exploration and exploitation of
natural resources, whether living or non-living;
- involves drilling into the continental shelf, the use of explosives
or the introduction of harmful substances into the marine
environment;
- involves the construction, operation or use of artificial islands,
installations and structures referred to in articles 60 and 80;
- contains information communicated pursuant to article 248 regarding
the nature and objectives of the project which is inaccurate or if
the researching State or competent international organization has
outstanding obligations to the coastal State from a prior research
project.
6. Notwithstanding the provisions of paragraph 5, coastal States may not
exercise their discretion to withhold consent under subparagraph (a) of
that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.
7. The provisions of paragraph 6 are without prejudice to the rights of
coastal States over the continental shelf as established in article 77.
8. Marine scientific research activities referred to in this article shall
not unjustifiably interfere with activities undertaken by coastal States in
the exercise of their sovereign rights and jurisdiction provided for in
this Convention.
Article 247
Marine scientific research projects undertaken by or under
the auspices of international organizations
A coastal State which is a member of or has a bilateral agreement with an
international organization, and in whose exclusive economic zone or on
whose continental shelf that organization wants to carry out a marine
scientific research project, directly or under its auspices, shall be
deemed to have authorized the project to be carried out in conformity with
the agreed specifications if that State approved the detailed project when
the decision was made by the organization for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organization to the coastal State.
Article 248
Duty to provide information to the coastal State
States and competent international organizations which intend to undertake
marine scientific research in the exclusive economic zone or on the
continental shelf of a coastal State shall, not less than six months in
advance of the expected starting date of the marine scientific research
project, provide that State with a full description of:
- the nature and objectives of the project;
- the method and means to be used, including name, tonnage, type and
class of vessels and a description of scientific equipment;
- the precise geographical areas in which the project is to be
conducted;
- the expected date of first appearance and final departure of the
research vessels, or deployment of the equipment and its removal, as
appropriate;
- the name of the sponsoring institution, its director, and the person
in charge of the project; and
- the extent to which it is considered that the coastal State should be
able to participate or to be represented in the project.
Article 249
Duty to comply with certain conditions
1. States and competent international organizations when undertaking marine
scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall comply with the following conditions:
- ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research
project, especially on board research vessels and other craft or
scientific research installations, when practicable, without payment
of any remuneration to the scientists of the coastal State and
without obligation to contribute towards the costs of the project;
- provide the coastal State, at its request, with preliminary reports,
as soon as practicable, and with the final results and conclusions
after the completion of the research;
- undertake to provide access for the coastal State, at its request, to
all data and samples derived from the marine scientific research
project and likewise to furnish it with data which may be copied and
samples which may be divided without detriment to their scientific
value;
- if requested, provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their
assessment or interpretation;
- ensure, subject to paragraph 2, that the research results are made
internationally available through appropriate national or
international channels, as soon as practicable;
- inform the coastal State immediately of any major change in the
research programme;
- unless otherwise agreed, remove the scientific research installations
or equipment once the research is completed.
2. This article is without prejudice to the conditions established by the
laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to article 246, paragraph
5, including requiring prior agreement for making internationally available
the research results of a project of direct significance for the
exploration and exploitation of natural resources.
Article 250
Communications concerning marine scientific research projects
Communications concerning the marine scientific research projects shall be
made through appropriate official channels, unless otherwise agreed.
Article 251
General criteria and guidelines
States shall seek to promote through competent international organizations
the establishment of general criteria and guidelines to assist States in
ascertaining the nature and implications of marine scientific research.
States or competent international organizations may proceed with a marine
scientific research project six months after the date upon which the
information required pursuant to article 248 was provided to the coastal
State unless within four months of the receipt of the communication
containing such information the coastal State has informed the State or
organization conducting the research that:
- it has withheld its consent under the provisions of article 246; or
- the information given by that State or competent international
organization regarding the nature or objectives of the project does
not conform to the manifestly evident facts; or
- it requires supplementary information relevant to conditions and the
information provided for under articles 248 and 249; or
- outstanding obligations exist with respect to a previous marine
scientific research project carried out by that State or
organization, with regard to conditions established in article 249.
Article 253
Suspension or cessation of marine scientific research activities
1. A coastal State shall have the right to require the suspension of any
marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:
- the research activities are not being conducted in accordance with
the information communicated as provided under article 248 upon which,
the consent of the coastal State was based; or
- the State or competent international organization conducting the
research activities fails to comply with the provisions of article
249 concerning the rights of the coastal State with respect to the
marine scientific research project.
2. A coastal State shall have the right to require the cessation of any
marine scientific research activities in case of any non-compliance with
the provisions of article 248 which amounts to a major change in the
research project or the research activities.
3. A coastal State may also require cessation of marine scientific research
activities if any of the situations contemplated in paragraph 1 are not
rectified within a reasonable period of time.
4. Following notification by the coastal State of its decision to order
suspension or cessation, States or competent international organizations
authorized to conduct marine scientific research activities shall terminate
the research activities that are the subject of such a notification.
5. An order of suspension under paragraph 1 shall be lifted by the coastal
State and the marine scientific research activities allowed to continue
once the researching State or competent international organization has
complied with the conditions required under articles 248 and 249.
Article 254
Rights of neighbouring land-locked and geographically
disadvantaged States
1. States and competent international organizations which have submitted to
a coastal State a project to undertake marine scientific research referred
to in article 246, paragraph 3, shall give notice to the neighbouring
land-locked and geographically disadvantaged States of the proposed
research project, and shall notify the coastal State thereof.
2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with article
246 and other relevant provisions of this Convention, States and competent
international organizations undertaking such a project shall provide to the
neighbouring land-locked and geographically disadvantaged States, at their
request and when appropriate, relevant information as specified in article
248 and article 249, paragraph 1 (f).
3. The neighbouring land-locked and geographically disadvantaged States
referred to above shall, at their request, be given the opportunity to
participate, whenever feasible, in the proposed marine scientific research
project through qualified experts appointed by them and not objected to by
the coastal State, in accordance with the conditions agreed for the
project, in conformity with the provisions of this Convention, between the
coastal State concerned and the State or competent international
organizations conducting the marine scientific research.
4. States and competent international organizations referred to in
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information and
assistance specified in article 249, paragraph 1 (d), subject to the
provisions of article 249, paragraph 2.
Article 255
Measures to facilitate marine scientific research and assist
research vessels
States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted
in accordance with this Convention beyond their territorial sea and, as
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to their harbours and promote assistance for marine
scientific research vessels which comply with the relevant provisions of
this Part.
Article 256
Marine scientific research in the Area
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with the
provisions of Part XI, to conduct marine scientific research in the Area.
Article 257
Marine scientific research in the water column beyond the
exclusive economic zone
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with this
Convention, to conduct marine scientific research in the water column
beyond the limits of the exclusive economic zone.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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