shelf. Safety zones may be delineated surrounding those installations, with a width
not larger than 500 m.
55 States and organizations may be held liable for any
breaches, the disputes being settled directly by the parties or via resort to international tribunals of arbitration courts.
In general terms, and according to UNCLOS Preamble, states, by themselves or
through organizations, shall promote the development and transfer of marine technology to all states concerned and developing countries in the exploration, exploitation, conservation and management of marine resources, the protection of the
marine environment and scientific research. Forms of international cooperation
include existing bilateral, regional or multilateral programs, expanded programs
and new programs, including the establishment of national and regional centers for
marine scientific and technological research.
56
On the continental shelf specifically, the applicable law for scientific research lies
within Part XIII UNCLOS, namely Art. 246. In fact, pursuant to paragraph 5 (b) of
such provision, if the scientific research project envisages drilling of the seabed,
including the portion beyond the 200 nm, the coastal state may withhold consent.
Here, it is never too much to reinforce that Art. 81 UNCLOS grants coastal states the
exclusive right to authorize and regulate drilling on the continental shelf for all
purposes. In line with that provision, Article 246 (5) (b) applies, according to which
if a research project involves drilling of the seafloor within national jurisdiction, the
coastal state has discretion to withhold consent.
Art. 246 (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: (b) involves drilling into the continental shelf, the use of explosives or the
introduction of harmful substances into the marine environment.
The wording used in Art. 246 UNCLOS differs from that Art. 245, which
disciplines research in the territorial sea. On the one hand, Art. 245 stipulates that
coastal state have the right to regulate, authorize and conduct marine scientific
research in their territorial seas in the exercise of their sovereignty. Research projects
in this area shall only be conducted with express consent of coastal states. On the
other hand, Art. 246 grounds coastal states’ rights on the exercise of jurisdiction—
not sovereignty—which suggests a weaker degree of coastal state authority in the
areas where it exercises “mere” jurisdiction. Such wording has led scholars to
interpret UNCLOS as establishing a general freedom of MSR beyond the territorial
55 Art. 260 UNCLOS, on the safety zones, states that “Safety zones of a reasonable breadth not
exceeding a distance of 500 meters may be created around scientific research installations in
accordance with the relevant provisions of this Convention. All States shall ensure that such safety
zones are respected by their vessels”.
56 In joint scientific projects, international cooperation shall respect the sovereignty and jurisdiction
of states, through information, through bilateral or multilateral agreements.
314
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
not larger than 500 m.
55 States and organizations may be held liable for any
breaches, the disputes being settled directly by the parties or via resort to international tribunals of arbitration courts.
In general terms, and according to UNCLOS Preamble, states, by themselves or
through organizations, shall promote the development and transfer of marine technology to all states concerned and developing countries in the exploration, exploitation, conservation and management of marine resources, the protection of the
marine environment and scientific research. Forms of international cooperation
include existing bilateral, regional or multilateral programs, expanded programs
and new programs, including the establishment of national and regional centers for
marine scientific and technological research.
56
On the continental shelf specifically, the applicable law for scientific research lies
within Part XIII UNCLOS, namely Art. 246. In fact, pursuant to paragraph 5 (b) of
such provision, if the scientific research project envisages drilling of the seabed,
including the portion beyond the 200 nm, the coastal state may withhold consent.
Here, it is never too much to reinforce that Art. 81 UNCLOS grants coastal states the
exclusive right to authorize and regulate drilling on the continental shelf for all
purposes. In line with that provision, Article 246 (5) (b) applies, according to which
if a research project involves drilling of the seafloor within national jurisdiction, the
coastal state has discretion to withhold consent.
Art. 246 (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: (b) involves drilling into the continental shelf, the use of explosives or the
introduction of harmful substances into the marine environment.
The wording used in Art. 246 UNCLOS differs from that Art. 245, which
disciplines research in the territorial sea. On the one hand, Art. 245 stipulates that
coastal state have the right to regulate, authorize and conduct marine scientific
research in their territorial seas in the exercise of their sovereignty. Research projects
in this area shall only be conducted with express consent of coastal states. On the
other hand, Art. 246 grounds coastal states’ rights on the exercise of jurisdiction—
not sovereignty—which suggests a weaker degree of coastal state authority in the
areas where it exercises “mere” jurisdiction. Such wording has led scholars to
interpret UNCLOS as establishing a general freedom of MSR beyond the territorial
55 Art. 260 UNCLOS, on the safety zones, states that “Safety zones of a reasonable breadth not
exceeding a distance of 500 meters may be created around scientific research installations in
accordance with the relevant provisions of this Convention. All States shall ensure that such safety
zones are respected by their vessels”.
56 In joint scientific projects, international cooperation shall respect the sovereignty and jurisdiction
of states, through information, through bilateral or multilateral agreements.
314
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...