Yu. V. Bobrova, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
V. V. Golitsyn, doctor of jurisprudence, professor
Lomonosov Moscow State University
1, Leninskie Gory, GSP-1, Moscow, 119991, Russia
The article is devoted to the consideration of an issue of “marine scientific research” as it is regulated under international law and the applicable Russian legislation. Particular attention is paid to the analysis of the relevant provision of the 1982 United Nations Convention on the Law of the Sea (hereinafter UNCLOS) governing the conduct of marine scientific research in territorial sea, exclusive economic zone, continental shelf, the international seabed area beyond national jurisdiction, high seas. The article is outlined the general principles of the conduct of marine scientific research which shall be conducted exclusively for peaceful purposes. Draws attention to marine scientific research in the exclusive economic zone and on the continental shelf which shall be conducted with the consent of the coastal State. Emphasis is made on the analysis of legal aspects of the Argo Programme, launched for the purpose of conducting marine scientific research with the use of drifting buoys. The article considers practical and legal issues that arise in connection with the adoption in light of the relevant provisions of UNCLOS of the of international documents related to the Argo Programme, namely: Resolution XX-6 of the Assembly of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization (1999); the Guidelines for the Implementation of Resolution XX-6 of the IOC Assembly regarding the deployment of profiling floats in the High Seas within the framework of the Argo Programme (2008). In accordance with it, an IOC Member State must be informed in advance of the deployment in the High Seas of any float within the framework of the Argo Programme that may enter its EEZ. In implementing this provision, the Executive Secretary of IOC will invite all IOC Member States to state that they wish to be notified of it. In this light, denotes the position of the Russian Federation on the Argo Programme as marine scientific research and its wish to be notified of the deployment in the High Seas of all Argo Programme floats that may enter its EEZ.
Keywords: marine scientific research, United Nations Convention on the Law of the Sea 1982, exclusive economic zone, continental shelf, high seas, rights and obligations of coastal States, the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization (IOC / UNESCO), Argo Programme.
Full text in Russian