Research Handbook on International Marine Environmental Law
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Research Handbook on International Marine Environmental Law

Edited by Rosemary Rayfuse

This authoritative Handbook examines the current state and the future needs of international law in addressing the key activities that pose threats to the marine environment. Its chapters explore the legal framework for protection of the marine environment, pollution of the marine environment, seabed activities and the marine environment, protection of marine biodiversity, regional approaches to the protection of the marine environment and climate change and the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment.
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Chapter 15: Marine scientific research and the protection of the seas and oceans

Anna-Maria Hubert


There is increasing demand for scientific knowledge about the marine environment and the profound influence that human activities are having as the predominant driver of change in the global ocean. However, while not necessarily the case, the conduct of MSR may also contribute to environmental damage. There are also concerns that research may give rise to new technologies or uses that pose environmental risks. This chapter examines the legal regime for MSR in Part XIII of the LOSC and its progressive development with a view to understanding its relationship to the regime for the protection and preservation of the marine environment in Part XII, as well as other provisions in the LOSC. In many respects, these parts are mutually reinforcing in requiring that states promote, facilitate and cooperate in MSR to support the production of information necessary for effective environmental regulation and management. Nonetheless, a state can justify certain restrictive measures aimed at environmental protection, even if such measures limit the conduct of MSR, where such restrictions are necessary and reasonable. An important development is the specification of best practices for carrying out MSR in other instruments in accordance with the general principle in Article 240(b) of the LOSC to use appropriate methods and means. Another form of ‘best practice’ relates to transparency and the duties of States to publish and disseminate research results, data and scientific information to maximise the societal benefits of MSR. The chapter also surveys the implications of the zonal approach for the conduct of MSR and environmental information gathering activities, the provisions on scientific research equipment and installations, issues related to legal responsibility and liability for damage caused to the marine environment from the conduct of MSR, and dispute settlement.

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