Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities under UNCLOS

Chuxiao Yu, Ph.D. (2021), Utrecht University, is an Associate Research Fellow at the Research Institute of Environmental Law, Wuhan University. Her fields of expertise include the law of the sea and international environmental law.

• AbbreviationsList of Figures and Table1 Introduction1.1 The Impetus for the Current Research1.2 Research Questions1.3 Structure of the Book1.4 Delineation of the Research and Use of Terminology2 An Analysis of the Approach to Interpreting Pertinent UNCLOS Provisions2.1 Introduction2.2 Elements to Be Considered in the Assessment Process2.3 Drafting History of the Definition of the Term “Marine Scientific Research”2.4 Can the Term “Marine Scientific Research” be Viewed as a Generic Term?2.5 The Nature of UNCLOS and its Implications for Ascertaining the Temporal Sense-Intention of the Parties2.6 Object and Purpose of UNCLOS and Its Implications for Ascertaining the Temporal Sense-Intention of the Parties2.7 Conclusions and Implications for Analysis in the Subsequent Chapters3 UNCLOS Provisions on Ocean Data Collection – with a Focus on the Marine Scientific Research Regime3.1 Introduction3.2 The Nature of and Criteria for Marine Scientific Research3.3 Marine Scientific Research and Other Ocean Data Collection Activities3.4 Concluding Remarks4 Subsequent Practice on Ocean Data Collection Activities4.1 Introduction4.2 National Legislation and Policies Concerning the Scope of Marine Scientific Research4.3 Subsequent Practice Concerning Ocean Data Collection Activities Manifested in Global Fora4.4 Concluding Remarks5 Regulation of Ocean Data Collection Activities under Other International Conventions5.1 Introduction5.2 Convention on Biological Diversity and Its Nagoya Protocol5.3 United Nations Framework Convention on Climate Change5.4 London Convention and the London Protocol5.5 International Convention on the Regulation of Whaling5.6 Conclusions6 Access to Marine Genetic Resources and Its Regulatory Framework6.1 Introduction6.2 Characteristics of Activities concerning Marine Genetic Resources6.3 Appropriate Legal Framework for the Sampling of Marine Genetic Resources6.4 Applying the Relevant UNCLOS Provisions to Activities Involving Marine Genetic Resources6.5 Conclusions7 Operational Oceanography and Its Regulatory Framework7.1 Introduction7.2 What Is “Operational Oceanography”?7.3 Legal Classification of Operational Oceanography7.4 Different Scenarios: Application of the Relevant UNCLOS Provisions to Operational Oceanography7.5 Future Regulatory Options for Operational Oceanography8 Concluding Remarks8.1 Introduction8.2 Approach to Interpreting Relevant Treaty Provisions8.3 The Nature of and Criteria for Maine Scientific Research under UNCLOS8.4 The Legal Framework(s) for Different Kinds of Ocean Data Collection Activities8.5 Limits and Strengths of UNCLOS and Its Marine Scientific Research Regime in Regulating “Modern” Ocean Data Collection Activities8.6 Final Remarks and Some Observations on Future DevelopmentsSummaryBibliographyIndex