general obligations it has under general environmental law”.
52 Such a provision
supports the relatively large environmental jurisdiction of coastal states—in this
case, European ones—with regard to regulating seabed activities which may harm
the marine environment.
10.1.3 Marine Scientific Research
The third axis of this analysis consists of the conduction of marine scientific research
(MSR) on the continental shelf, a sort of activity which may impact on the overall
health of the marine environment if not carried out properly. The complex interplay
between law and science in the realm of the law of the sea is novelty to no one. In
fact, several UNCLOS provisions rely on credible scientific information to be
implemented, with illustrations ranging from the “maximum sustainable yield”
formula to general and specific obligations ascribed in Part XII of the Convention.
53
With that in mind, MSR becomes the foundation for a sound ocean governance,
given that credible data is achieved chiefly through scientific investigation. That is
precisely one of the greatest challenges posed to humankind in its relationship with
the seas: given that we now own the necessary technical means to access the oceanic
depths, sufficient funding must be directed to research institutions, so that technology can be effectively put in place for an improved knowledge of the ocean and for
the benefit of mankind.
54
Scient of that, UNCLOS negotiators have destined an entire part of the Treaty to
scientific research and agreed that all states and organizations have the right to
conduct marine investigation on the basis of several core principles: realization
with exclusively peaceful purposes; scientific methods consistent with the Convention; non-interference with other legitimate uses of the sea; and respect for the
protection of the marine environment—Art. 240 (a) to (d) UNCLOS. The promotion
and implementation of marine scientific research is regulated by the Convention with
respect to the territorial sea, EEZ, continental shelf, high seas, and the Area. In the
first three spaces, coastal states have the right to authorize research requests by other
states, as a result of sovereign rights over natural resources within those spaces. In
point of fact, placing and operating scientific research installations and equipment in
the marine environment is legal, but ought to be carried out in a principled manner.
For instance, research equipment and installations do not have the legal status of
islands and do not affect the delimitation of the territorial sea, EEZ or continental
52 Gavouneli (2014), p. 19.
53 Tanaka (2015), p. 43.
54 Edith Brown made the famous analogy between hydrospace and outer space, both of which
shared vastness, inaccessibility and challenge to space-age technology; economic potential and
strategic importance; difficult boundary problems. In her words, humankind ought to invest more in
deep-sea research than outer space projects. For further details, see Brown (1973), p. 7.
10.1 How Far May Brazil Go?
313
52 Such a provision
supports the relatively large environmental jurisdiction of coastal states—in this
case, European ones—with regard to regulating seabed activities which may harm
the marine environment.
10.1.3 Marine Scientific Research
The third axis of this analysis consists of the conduction of marine scientific research
(MSR) on the continental shelf, a sort of activity which may impact on the overall
health of the marine environment if not carried out properly. The complex interplay
between law and science in the realm of the law of the sea is novelty to no one. In
fact, several UNCLOS provisions rely on credible scientific information to be
implemented, with illustrations ranging from the “maximum sustainable yield”
formula to general and specific obligations ascribed in Part XII of the Convention.
53
With that in mind, MSR becomes the foundation for a sound ocean governance,
given that credible data is achieved chiefly through scientific investigation. That is
precisely one of the greatest challenges posed to humankind in its relationship with
the seas: given that we now own the necessary technical means to access the oceanic
depths, sufficient funding must be directed to research institutions, so that technology can be effectively put in place for an improved knowledge of the ocean and for
the benefit of mankind.
54
Scient of that, UNCLOS negotiators have destined an entire part of the Treaty to
scientific research and agreed that all states and organizations have the right to
conduct marine investigation on the basis of several core principles: realization
with exclusively peaceful purposes; scientific methods consistent with the Convention; non-interference with other legitimate uses of the sea; and respect for the
protection of the marine environment—Art. 240 (a) to (d) UNCLOS. The promotion
and implementation of marine scientific research is regulated by the Convention with
respect to the territorial sea, EEZ, continental shelf, high seas, and the Area. In the
first three spaces, coastal states have the right to authorize research requests by other
states, as a result of sovereign rights over natural resources within those spaces. In
point of fact, placing and operating scientific research installations and equipment in
the marine environment is legal, but ought to be carried out in a principled manner.
For instance, research equipment and installations do not have the legal status of
islands and do not affect the delimitation of the territorial sea, EEZ or continental
52 Gavouneli (2014), p. 19.
53 Tanaka (2015), p. 43.
54 Edith Brown made the famous analogy between hydrospace and outer space, both of which
shared vastness, inaccessibility and challenge to space-age technology; economic potential and
strategic importance; difficult boundary problems. In her words, humankind ought to invest more in
deep-sea research than outer space projects. For further details, see Brown (1973), p. 7.
10.1 How Far May Brazil Go?
313