Section 149p. 149

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

alia , programmes to provide adequate education and

training of their technical and scientific personnel.

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:

(a)

is

of

direct significance for the exploration and

exploitation

of

natural

resources,

whether

living

or

non-living;

(b) involves drilling into the continental shelf, the use of

explosives or the introduction of harmful substances into

the marine environment;

(c) involves the construction, operation or use of artificial

islands, installations and structures referred to in articles

60 and 80;

(d)

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:

(a) the nature and objectives of the project;

(b) the method and means to be used, including name,

tonnage, type and class of vessels and a description of

scientific equipment;

(c) the precise geographical areas in which the project is

to be conducted;

(d) the expected date of first appearance and final

departure of the research vessels, or deployment of the

equipment and its removal, as appropriate;

(e) the name of the sponsoring institution, its director,

and the person in charge of the project; and

(f) 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:

(a) 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;

(b)

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;

(c) 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;

(d)

if

requested,

provide

the

coastal

State with an

assessment of such data, samples and research results or

provide assistance in their assessment or interpretation;

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