국제해양법상 해양과학조사제도에 관한 고찰 = Marine Scientific Research in International Law of the Sea

다국어 초록 (Multilingual Abstract)

Marine Scientific Research(MSR) has contributed to human knowledge on ocean environment, economic growth, environment protection, and human well-being. However, the international society, considering the expanding scope of the MSR and military uses of the collected data, has tried to control MSR activities through international legislation. Although Part 13 of the United Nations Convention on the Law of the Sea(LOS Convention) introduced various provisions on MSR, the convention failed to provide exact definition on the concept.
During the 3rd United Nations Conference on the Law of the Sea, developing countries tried to reinforce control on MSR by coastal states, but maritime powers adhered to freedom of marine research. They came to an agreement to introduce different regimes to maritime zones. According to the UNCLOS Convention, express consent of coastal state is necessary for research in territorial sea. Consent by coastal state is needed for the research in the EEZ and continental shelf, but marine research only for peaceful purposes and scientific knowledge are expected to be approved automatically.
Given the fact that MSR includes important and useful activities, the LOS Convention have incorporated many provisions on MSR. However, the exact and authoritative definition and scope of MSR is not appeared yet. Whether hydrographic survey is a part of MSR remains an outstanding question. The relationship between military survey and MSR is another question to solve.
The Convention provided that marine scientific research installation and equipment will have the position similar to that of marine scientific research regime in general. Nowadays unmanned automatic equipments such as buoys like Argo floats and underwater drones are matter of concern from international law perspectives. International society should decide on whether marine activities using buoys and drones are classified to be part of MSR under Part 13 of the LOS Convention or not. Practices of states has favored the position that maritime activities using the equipments are under the MSR regime provided in the Convention. However, given the position of the maritime powers like United States excluding the application of the regime, new agreement is expected.

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