La investigación científica en los espacios marinos reconocidos por el Derecho internacional

Abstract

This paper examines the legal regime of marine scientific research applicable to the variety of maritime spaces that are recognized by the international law declared in the United Nations Convention on the Law of the Sea. The Convention does not define marine scientific research, although from its Part XIII, which contains the fundamental provisions on this topic, a wide and unitary conception can be ascertained, making those provisions (in principle) applicable to activities not expressly provided in that treaty and to those having an industrial or commercial purpose or implying the survey and exploration of the marine environment. International practice, for its part, confirms the principle of the coastal State’s consent, although it has not necessarily to be express, for carrying out marine scientific research activities by other States or competent international organizations. This doesn’t mean that all provisions of Part XIII declare or crystallize general international law, nor it says that they are precluded from requiring further development in view of their inadequacies and gaps, in particular those referred to scientific research activities in areas beyond national jurisdiction.