Section 148p. 148

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

exceptional hazards to navigation, and pollution of the

marine

environment could cause major harm to or

irreversible disturbance of the ecological balance. Such

laws and regulations shall have due regard to navigation

and

the

protection

and preservation of the marine

environment

based

on

the

best

available

scientific

evidence.

SECTION 9. RESPONSIBILITY AND LIABILITY

Article 235. Responsibility and liability

1.

States

are

responsible

for

the

fulfilment of their

international obligations concerning the protection and

preservation of the marine environment. They shall be

liable in accordance with international law.

2.

States

shall

ensure

that

recourse

is

available

in

accordance with their legal systems for prompt and

adequate compensation or other relief in respect of

damage caused by pollution of the marine environment

by natural or juridical persons under their jurisdiction.

3. With the objective of assuring prompt and adequate

compensation

in

respect

of

all

damage

caused

by

pollution

of

the

marine

environment,

States

shall

cooperate in the implementation of existing international

law and the further development of international law

relating to responsibility and liability for the assessment

of and compensation for damage and the settlement of

related

disputes,

as

well

as,

where

appropriate,

development of criteria and procedures for payment of

adequate compensation, such as compulsory insurance

or compensation funds.

SECTION 10. SOVEREIGN IMMUNITY

Article 236. Sovereign immunity

The

provisions

of

this

Convention

regarding

the

protection and preservation of the marine environment

do not apply to any warship, naval auxiliary, other vessels

or aircraft owned or operated by a State and used, for the

time being, only on government non-commercial service.

However, each State shall ensure, by the adoption of

appropriate

measures

not

impairing

operations

or

operational capabilities of such vessels or aircraft owned

or operated by it, that such vessels or aircraft act in a

manner

consistent,

so

far

as

is

reasonable

and

practicable, with this Convention.

SECTION 11. OBLIGATIONS UNDER OTHER

CONVENTIONS ON THE PROTECTION AND

PRESERVATION OF THE MARINE ENVIRONMENT

Article 237. Obligations under other conventions on the

protection and preservation of the marine environment

1. The provisions of this Part are without prejudice to the

specific obligations assumed by States under special

conventions and agreements concluded previously which

relate to the protection and preservation of the marine

environment

and

to

agreements

which

may

be

concluded in furtherance of the general principles set

forth in this Convention.

2. Specific obligations assumed by States under special

conventions,

with

respect

to

the

protection

and

preservation

of

the

marine

environment,

should be

carried out in a manner consistent with the general

principles and objectives of this Convention.

PART XIII. MARINE SCIENTIFIC RESEARCH

SECTION 1. GENERAL PROVISIONS

Article 238. Right to conduct marine scientific research

All States, irrespective of their geographical location, and

competent international organizations have the right to

conduct marine scientific research subject to the rights

and

duties

of

other

States

as

provided

for in this

Convention.

Article 239. Promotion of marine scientific research

States and competent international organizations shall

promote and facilitate the development and conduct of

marine

scientific

research

in

accordance

with

this

Convention.

Article 240. General principles for the conduct of marine

scientific research

In the conduct of marine scientific research the following

principles shall apply:

(a)

marine

scientific

research

shall

be

conducted

exclusively for peaceful purposes;

(b) marine scientific research shall be conducted with

appropriate scientific methods and means compatible

with this Convention;

(c)

marine

scientific

research

shall

not

unjustifiably

interfere with other legitimate uses of the sea compatible

with this Convention and shall be duly respected in the

course of such uses;

(d) marine scientific 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.

Article 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

environment or its resources.

SECTION 2. INTERNATIONAL COOPERATION

Article 242. Promotion of international cooperation

1. States and competent international organizations shall,

in

accordance

with

the

principle

of

respect

for

sovereignty and jurisdiction and on the basis of mutual

benefit, promote international cooperation in marine

scientific research for peaceful purposes.

2. In this context, without prejudice to the rights and

duties of States under this Convention, a State, in the

application of this Part, shall provide, as appropriate,

other States with a reasonable opportunity to obtain from

it,

or

with its cooperation, information necessary to

prevent and control damage to the health and safety of

persons and to the marine environment.

Article 243. Creation of favourable conditions

States and competent international organizations shall

cooperate,

through

the

conclusion

of

bilateral

and

multilateral agreements, to create favourable conditions

for the conduct of marine scientific research in the

marine

environment and to integrate the efforts of

scientists in studying the essence of phenomena and

processes occurring in the marine environment and the

interrelations between them.

Article 244. Publication and dissemination of information

and knowledge

1. States and competent international organizations shall,

in accordance with this Convention, make available by

publication

and

dissemination

through

appropriate

channels information on proposed major programmes

and their objectives as well as knowledge resulting from

marine scientific research.

2. For this purpose, States, both individually and in

cooperation

with

other

States

and

with

competent

international organizations, shall actively promote the

flow of scientific data and information and the transfer of

knowledge resulting from marine scientific research,

especially

to

developing

States,

as

well

as

the

strengthening

of

the

autonomous

marine

scientific

research capabilities of developing States through, inter

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