Article 238
Right to conduct marine scientific research
All States, irrespective of their geographical location, and competent
international organizations have the right to conduct marine scientific
research subject to the rights and duties of other States as provided for
in this Convention.
Article 239
Promotion of marine scientific research
States and competent international organizations shall promote and
facilitate the development and conduct of marine scientific research in
accordance with this Convention.
Article 240
General principles for the conduct of marine scientific
research
In the conduct of marine scientific research the following principles shall
apply:
(a) marine scientific research shall be conducted exclusively for
peaceful purposes;
(b) marine scientific research shall be conducted with appropriate
scientific methods and means compatible with this Convention;
(c) marine scientific research shall not unjustifiably interfere with
other legitimate uses of the sea compatible with this Convention and
shall be duly respected in the course of such uses;
(d) marine scientific research shall be conducted in compliance with all
relevant regulations adopted in conformity with this Convention
including those for the protection and preservation of the marine
environment.
Article 241
Non-recognition of marine scientific research activities
as the legal basis for claims
Marine scientific research activities shall not constitute the legal basis
for any claim to any part of the marine environment or its resources.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 242
Promotion of international co-operation
1. States and competent international organizations shall, in accordance
with the principle of respect for sovereignty and jurisdiction and on the
basis of mutual benefit, promote international co-operation in marine
scientific research for peaceful purposes.
2. In this context, without prejudice to the rights and duties of States
under this Convention, a State, in the application of this Part, shall
provide, as appropriate, other States with a reasonable opportunity to
obtain from it, or with its co-operation, information necessary to prevent
and control damage to the health and safety of persons and to the marine
environment.
Article 243
Creation of favourable conditions
States and competent international organizations shall co-operate, through
the conclusion of bilateral and multilateral agreements, to create
favourable conditions for the conduct of marine scientific research in the
marine environment and to integrate the efforts of scientists in studying
the essence of phenomena and processes occurring in the marine environment
and the interrelations between them.
Article 244
Publication and dissemination of information and knowledge
1. States and competent international organizations shall, in accordance
with this Convention, make available by publication and dissemination
through appropriate channels information on proposed major programmes and
their objectives as well as knowledge resulting from marine scientific
research.
2. For this purpose, States, both individually and in co-operation with
other States and with competent international organizations, shall actively
promote the flow of scientific data and information and the transfer of
knowledge resulting from marine scientific research, especially to
developing States, as well as the strengthening of the autonomous marine
scientific research capabilities of developing States through, inter alia,
programmes to provide adequate education and training of their technical
and scientific personnel.
SECTION 3. CONDUCT AND PROMOTION OF MARINE
SCIENTIFIC RESEARCH
Article 245
Marine scientific research in the territorial sea
Coastal States, in the exercise of their sovereignty, have the exclusive
right to regulate, authorize and conduct marine scientific research in
their territorial sea. Marine scientific research therein shall be
conducted only with the express consent of and under the conditions set
forth by the coastal State.
Article 246
Marine scientific research in the exclusive economic zone
and on the continental shelf
1. Coastal States, in the exercise of their jurisdiction, have the right to
regulate, authorize and conduct marine scientific research in their
exclusive economic zone and on their continental shelf in accordance with
the relevant provisions of this Convention.
2. Marine scientific research in the exclusive economic zone and on the
continental shelf shall be conducted with the consent of the coastal State.
3. Coastal States shall, in normal circumstances, grant their consent for
marine scientific research projects by other States or competent
international organizations in their exclusive economic zone or on their
continental shelf to be carried out in accordance with this Convention
exclusively for peaceful purposes and in order to increase scientific
knowledge of the marine environment for the benefit of all mankind. To this
end, coastal States shall establish rules and procedures ensuring that such
consent will not be delayed or denied unreasonably.
4. For the purposes of applying paragraph 3, normal circumstances may exist
in spite of the absence of diplomatic relations between the coastal State
and the researching State.
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:
(a) is of direct significance for the exploration and exploitation of
natural resources, whether living or non-living;
(b) involves drilling into the continental shelf, the use of explosives
or the introduction of harmful substances into the marine
environment;
(c) involves the construction, operation or use of artificial islands,
installations and structures referred to in articles 60 and 80;
(d) contains information communicated pursuant to article 248 regarding
the nature and objectives of the project which is inaccurate or if
the researching State or competent international organization has
outstanding obligations to the coastal State from a prior research
project.
6. Notwithstanding the provisions of paragraph 5, coastal States may not
exercise their discretion to withhold consent under subparagraph (a) of
that paragraph in respect of marine scientific research projects to be
undertaken in accordance with the provisions of this Part on the
continental shelf, beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured, outside those specific
areas which coastal States may at any time publicly designate as areas in
which exploitation or detailed exploratory operations focused on those
areas are occurring or will occur within a reasonable period of time.
Coastal States shall give reasonable notice of the designation of such
areas, as well as any modifications thereto, but shall not be obliged to
give details of the operations therein.
7. The provisions of paragraph 6 are without prejudice to the rights of
coastal States over the continental shelf as established in article 77.
8. Marine scientific research activities referred to in this article shall
not unjustifiably interfere with activities undertaken by coastal States in
the exercise of their sovereign rights and jurisdiction provided for in
this Convention.
Article 247
Marine scientific research projects undertaken by or under
the auspices of international organizations
A coastal State which is a member of or has a bilateral agreement with an
international organization, and in whose exclusive economic zone or on
whose continental shelf that organization wants to carry out a marine
scientific research project, directly or under its auspices, shall be
deemed to have authorized the project to be carried out in conformity with
the agreed specifications if that State approved the detailed project when
the decision was made by the organization for the undertaking of the
project, or is willing to participate in it, and has not expressed any
objection within four months of notification of the project by the
organization to the coastal State.
Article 248
Duty to provide information to the coastal State
States and competent international organizations which intend to undertake
marine scientific research in the exclusive economic zone or on the
continental shelf of a coastal State shall, not less than six months in
advance of the expected starting date of the marine scientific research
project, provide that State with a full description of:
(a) the nature and objectives of the project;
(b) the method and means to be used, including name, tonnage, type and
class of vessels and a description of scientific equipment;
(c) the precise geographical areas in which the project is to be
conducted;
(d) the expected date of first appearance and final departure of the
research vessels, or deployment of the equipment and its removal, as
appropriate;
(e) the name of the sponsoring institution, its director, and the person
in charge of the project; and
(f) the extent to which it is considered that the coastal State should be
able to participate or to be represented in the project.
Article 249
Duty to comply with certain conditions
1. States and competent international organizations when undertaking marine
scientific research in the exclusive economic zone or on the continental
shelf of a coastal State shall comply with the following conditions:
(a) ensure the right of the coastal State, if it so desires, to
participate or be represented in the marine scientific research
project, especially on board research vessels and other craft or
scientific research installations, when practicable, without payment
of any remuneration to the scientists of the coastal State and
without obligation to contribute towards the costs of the project;
(b) provide the coastal State, at its request, with preliminary reports,
as soon as practicable, and with the final results and conclusions
after the completion of the research;
(c) undertake to provide access for the coastal State, at its request, to
all data and samples derived from the marine scientific research
project and likewise to furnish it with data which may be copied and
samples which may be divided without detriment to their scientific
value;
(d) if requested, provide the coastal State with an assessment of such
data, samples and research results or provide assistance in their
assessment or interpretation;
(e) ensure, subject to paragraph 2, that the research results are made
internationally available through appropriate national or
international channels, as soon as practicable;
(f) inform the coastal State immediately of any major change in the
research programme;
(g) unless otherwise agreed, remove the scientific research installations
or equipment once the research is completed.
2. This article is without prejudice to the conditions established by the
laws and regulations of the coastal State for the exercise of its
discretion to grant or withhold consent pursuant to article 246, paragraph
5, including requiring prior agreement for making internationally available
the research results of a project of direct significance for the
exploration and exploitation of natural resources.
Article 250
Communications concerning marine scientific research projects
Communications concerning the marine scientific research projects shall be
made through appropriate official channels, unless otherwise agreed.
Article 251
General criteria and guidelines
States shall seek to promote through competent international organizations
the establishment of general criteria and guidelines to assist States in
ascertaining the nature and implications of marine scientific research.
Article 252
Implied consent
States or competent international organizations may proceed with a marine
scientific research project six months after the date upon which the
information required pursuant to article 248 was provided to the coastal
State unless within four months of the receipt of the communication
containing such information the coastal State has informed the State or
organization conducting the research that:
(a) it has withheld its consent under the provisions of article 246; or
(b) the information given by that State or competent international
organization regarding the nature or objectives of the project does
not conform to the manifestly evident facts; or
(c) it requires supplementary information relevant to conditions and the
information provided for under articles 248 and 249; or
(d) outstanding obligations exist with respect to a previous marine
scientific research project carried out by that State or
organization, with regard to conditions established in article 249.
Article 253
Suspension or cessation of marine scientific research activities
1. A coastal State shall have the right to require the suspension of any
marine scientific research activities in progress within its exclusive
economic zone or on its continental shelf if:
(a) the research activities are not being conducted in accordance with
the information communicated as provided under article 248 upon which
the consent of the coastal State was based; or
(b) the State or competent international organization conducting the
research activities fails to comply with the provisions of article
249 concerning the rights of the coastal State with respect to the
marine scientific research project.
2. A coastal State shall have the right to require the cessation of any
marine scientific research activities in case of any non-compliance with
the provisions of article 248 which amounts to a major change in the
research project or the research activities.
3. A coastal State may also require cessation of marine scientific research
activities if any of the situations contemplated in paragraph 1 are not
rectified within a reasonable period of time.
4. Following notification by the coastal State of its decision to order
suspension or cessation, States or competent international organizations
authorized to conduct marine scientific research activities shall terminate
the research activities that are the subject of such a notification.
5. An order of suspension under paragraph 1 shall be lifted by the coastal
State and the marine scientific research activities allowed to continue
once the researching State or competent international organization has
complied with the conditions required under articles 248 and 249.
Article 254
Rights of neighbouring land-locked and geographically
disadvantaged States
1. States and competent international organizations which have submitted to
a coastal State a project to undertake marine scientific research referred
to in article 246, paragraph 3, shall give notice to the neighbouring
land-locked and geographically disadvantaged States of the proposed
research project, and shall notify the coastal State thereof.
2. After the consent has been given for the proposed marine scientific
research project by the coastal State concerned, in accordance with article
246 and other relevant provisions of this Convention, States and competent
international organizations undertaking such a project shall provide to the
neighbouring land-locked and geographically disadvantaged States, at their
request and when appropriate, relevant information as specified in article
248 and article 249, paragraph 1 (f).
3. The neighbouring land-locked and geographically disadvantaged States
referred to above shall, at their request, be given the opportunity to
participate, whenever feasible, in the proposed marine scientific research
project through qualified experts appointed by them and not objected to by
the coastal State, in accordance with the conditions agreed for the
project, in conformity with the provisions of this Convention, between the
coastal State concerned and the State or competent international
organizations conducting the marine scientific research.
4. States and competent international organizations referred to in
paragraph 1 shall provide to the above-mentioned land-locked and
geographically disadvantaged States, at their request, the information and
assistance specified in article 249, paragraph 1 (d), subject to the
provisions of article 249, paragraph 2.
Article 255
Measures to facilitate marine scientific research and assist
research vessels
States shall endeavour to adopt reasonable rules, regulations and
procedures to promote and facilitate marine scientific research conducted
in accordance with this Convention beyond their territorial sea and, as
appropriate, to facilitate, subject to the provisions of their laws and
regulations, access to their harbours and promote assistance for marine
scientific research vessels which comply with the relevant provisions of
this Part.
Article 256
Marine scientific research in the Area
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with the
provisions of Part XI, to conduct marine scientific research in the Area.
Article 257
Marine scientific research in the water column beyond the
exclusive economic zone
All States, irrespective of their geographical location, and competent
international organizations have the right, in conformity with this
Convention, to conduct marine scientific research in the water column
beyond the limits of the exclusive economic zone.
SECTION 4. SCIENTIFIC RESEARCH INSTALLATIONS
OR EQUIPMENT IN THE MARINE ENVIRONMENT
Article 258
Deployment and use
The deployment and use of any type of scientific research installations or
equipment in any area of the marine environment shall be subject to the
same conditions as are prescribed in this Convention for the conduct of
marine scientific research in any such area.
Article 259
Legal status
The installations or equipment referred to in this section do not possess
the status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
Article 260
Safety zones
Safety zones of a reasonable breadth not exceeding a distance of 500 metres
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.
Article 261
Non-interference with shipping routes
The deployment and use of any type of scientific research installations or
equipment shall not constitute an obstacle to established international
shipping routes.
Article 262
Identification markings and warning signals
Installations or equipment referred to in this section shall bear
identification markings indicating the State of registry or the
international organization to which they belong and shall have adequate
internationally agreed warning signals to ensure safety at sea and the
safety of air navigation, taking into account rules and standards
established by competent international organizations.
SECTION 5. RESPONSIBILITY AND LIABILITY
Article 263
Responsibility and liability
1. States and competent international organizations shall be responsible
for ensuring that marine scientific research, whether undertaken by them or
on their behalf, is conducted in accordance with this Convention.
2. States and competent international organizations shall be responsible
and liable for the measures they take in contravention of this Convention
in respect of marine scientific research conducted by other States, their
natural or juridical persons or by competent international organizations,
and shall provide compensation for damage resulting from such measures.
3. States and competent international organizations shall be responsible
and liable pursuant to article 235 for damage caused by pollution of the
marine environment arising out of marine scientific research undertaken by
them or on their behalf.
SECTION 6. SETTLEMENT OF DISPUTES AND
INTERIM MEASURES
Article 264
Settlement of disputes
Disputes concerning the interpretation or application of the provisions of
this Convention with regard to marine scientific research shall be settled
in accordance with Part XV, sections 2 and 3.
Article 265
Interim measures
Pending settlement of a dispute in accordance with Part XV, sections 2 and
3, the State or competent international organization authorized to conduct
a marine scientific research project shall not allow research activities to
commence or continue without the express consent of the coastal State
concerned.
PART XIV
DEVELOPMENT AND TRANSFER OF
MARINE TECHNOLOGY
SECTION 1. GENERAL PROVISIONS
Article 266
Promotion of the development and transfer of marine
technology
1. States, directly or through competent international organizations, shall
cooperate in accordance with their capabilities to promote actively the
development and transfer of marine science and marine technology on fair
and reasonable terms and conditions.
2. States shall promote the development of the marine scientific and
technological capacity of States which may need and request technical
assistance in this field, particularly developing States, including
land-locked and geographically disadvantaged States, with regard to the
exploration, exploitation, conservation and management of marine resources,
the protection and preservation of the marine environment, marine
scientific research and other activities in the marine environment
compatible with this Convention, with a view to accelerating the social and
economic development of the developing States.
3. States shall endeavour to foster favourable economic and legal
conditions for the transfer of marine technology for the benefit of all
parties concerned on an equitable basis.
Article 267
Protection of legitimate interests
States, in promoting co-operation pursuant to article 266, shall have due
regard for all legitimate interests including, inter alia, the rights and
duties of holders, suppliers and recipients of marine technology.
Article 268
Basic objectives
States, directly or through competent international organizations, shall
promote:
(a) the acquisition, evaluation and dissemination of marine technological
knowledge and facilitate access to such information and data;
(b) the development of appropriate marine technology;
(c) the development of the necessary technological infrastructure to
facilitate the transfer of marine technology;
(d) the development of human resources through training and education of
nationals of developing States and countries and especially the
nationals of the least developed among them;
(e) international co-operation at all levels, particularly at the
regional, subregional and bilateral levels.
Article 269
Measures to achieve the basic objectives
In order to achieve the objectives referred to in article 268, States,
directly or through competent international organizations, shall endeavour,
inter alia, to:
(a) establish programmes of technical co-operation for the effective
transfer of all kinds of marine technology to States which may need
and request technical assistance in this field, particularly the
developing land-locked and geographically disadvantaged States, as
well as other developing States which have not been able either to
establish or develop their own technological capacity in marine
science and in the exploration and exploitation of marine resources
or to develop the infrastructure of such technology;
(b) promote favourable conditions for the conclusion of agreements,
contracts and other similar arrangements, under equitable and
reasonable conditions;
(c) hold conferences, seminars and symposia on scientific and
technological subjects, in particular on policies and methods for the
transfer of marine technology;
(d) promote the exchange of scientists and of technological and other
experts;
(e) undertake projects and promote joint ventures and other forms of
bilateral and multilateral co-operation.
SECTION 2. INTERNATIONAL CO-OPERATION
Article 270
Ways and means of international co-operation
International co-operation for the development and transfer of marine
technology shall be carried out, where feasible and appropriate, through
existing bilateral, regional or multilateral programmes, and also through
expanded and new programmes in order to facilitate marine scientific
research, the transfer of marine technology, particularly in new fields,
and appropriate international funding for ocean research and development.
Article 271
Guidelines, criteria and standards
States, directly or through competent international organizations, shall
promote the establishment of generally accepted guidelines, criteria and
standards for the transfer of marine technology on a bilateral basis or
within the framework of international organizations and other fora, taking
into account, in particular, the interests and needs of developing States.
Article 272
Co-ordination of international programmes
In the field of transfer of marine technology, States shall endeavour to
ensure that competent international organizations co-ordinate their
activities, including any regional or global programmes, taking into
account the interests and needs of developing States, particularly
land-locked and geographically disadvantaged States.
Article 273
Co-operation with international organizations and the
Authority
States shall co-operate actively with competent international organizations
and the Authority to encourage and facilitate the transfer to developing
States, their nationals and the Enterprise of skills and marine technology
with regard to activities in the Area.
Article 274
Objectives of the Authority
Subject to all legitimate interests including, inter alia, the rights and
duties of holders, suppliers and recipients of technology, the Authority,
with regard to activities in the Area, shall ensure that:
(a) on the basis of the principle of equitable geographical distribution,
nationals of developing States, whether coastal, land-locked or
geographically disadvantaged, shall be taken on for the purposes of
training as members of the managerial, research and technical staff
constituted for its undertakings;
(b) the technical documentation on the relevant equipment, machinery,
devices and processes is made available to all States, in particular
developing States which may need and request technical assistance in
this field;
(c) adequate provision is made by the Authority to facilitate the
acquisition of technical assistance in the field of marine technology
by States which may need and request it, in particular developing
States, and the acquisition by their nationals of the necessary
skills and know-how, including professional training;
(d) States which may need and request technical assistance in this field,
in particular developing States, are assisted in the acquisition of
necessary equipment, processes, plant and other technical know-how
through any financial arrangements provided for in this Convention.
SECTION 3. NATIONAL AND REGIONAL MARINE
SCIENTIFIC AND TECHNOLOGICAL CENTRES
Article 275
Establishment of national centres
1. States, directly or through competent international organizations and
the Authority, shall promote the establishment, particularly in developing
coastal States, of national marine scientific and technological research
centres and the strengthening of existing national centres, in order to
stimulate and advance the conduct of marine scientific research by
developing coastal States and to enhance their national capabilities to
utilize and preserve their marine resources for their economic benefit.
2. States, through competent international organizations and the Authority,
shall give adequate support to facilitate the establishment and
strengthening of such national centres so as to provide for advanced
training facilities and necessary equipment, skills and know-how as well as
technical experts to such States which may need and request such
assistance.
Article 276
Establishment of regional centres
1. States, in co-ordination with the competent international organizations,
the Authority and national marine scientific and technological research
institutions, shall promote the establishment of regional marine scientific
and technological research centres, particularly in developing States, in
order to stimulate and advance the conduct of marine scientific research by
developing States and foster the transfer of marine technology.
2. All States of a region shall co-operate with the regional centres
therein to ensure the more effective achievement of their objectives.
Article 277
Functions of regional centres
The functions of such regional centres shall include, inter alia:
(a) training and educational programmes at all levels on various aspects
of marine scientific and technological research, particularly marine
biology, including conservation and management of living resources,
oceanography, hydrography, engineering, geological exploration of the
sea-bed, mining and desalination technologies;
(b) management studies;
(c) study programmes related to the protection and preservation of the
marine environment and the prevention, reduction and control of
pollution;
(d) organization of regional conferences, seminars and symposia;
(e) acquisition and processing of marine scientific and technological
data and information;
(f) prompt dissemination of results of marine scientific and
technological research in readily available publications;
(g) publicizing national policies with regard to the transfer of marine
technology and systematic comparative study of those policies;
(h) compilation and systematization of information on the marketing of
technology and on contracts and other arrangements concerning
patents;
(i) technical co-operation with other States of the region.
SECTION 4. CO-OPERATION AMONG INTERNATIONAL
ORGANIZATIONS
Article 278
Co-operation among international organizations
The competent international organizations referred to in this Part and in
Part XIII shall take all appropriate measures to ensure, either directly or
in close cooperation among themselves, the effective discharge of their
functions and responsibilities under this Part.
