THE FREEDOM OF SCIENTIFIC RESEARCH IN INTERNATIONAL LAW: OUTER SPACE, THE ANTARCTIC AND THE OCEANS (LAW OF THE SEA, MARINE POLICY).

摘要

The subject of this thesis is the legal regime for scientific research in three areas beyond national jurisdiction. The purpose is to uncover the various rules for the conduct of such research, analyse, compare and contrast them, and finally to draw certain conclusions from them.; The rationale for such a study is that scientific research is a very important activity in all three areas, but has never been chosen as a starting point and focal point for a legal analysis of the three areas, even though the freedom of scientific research is explicitly mentioned in applicable conventions.; The thesis examines such basic questions as what scientific research is, what it involves, who may undertake it and under what conditions and ensuing obligations. Roughly twenty sets of rules which relate to scientific research are examined in the body of the thesis.; Parts I-VI examine the following rules for each area: (a) right of access; (b) reservation for peaceful use; (c) use for benefit of mankind; (d) freedom of scientific research; (e) right to conduct scientific research; (f) jurisdiction; (g) right to visit, observe and inspect; (h) non-interference with legitimate use; (i) scientific research and sovereignity; (j) protection of the environment; (k) duty to notify; (l) duty to consu (m) duty to provide mutual assistance; (n) duty to facilitate scientific research; (o) duty to promote international cooperation; (p) duty to publish; (q) transfer of technology; (r) responsibility and liability.; In the general conclusion certain principles of general application are extrapolated from the relevant State practice, international treaties and doctrine. The include principles of global character which apply to scientific research in particular, principles specifically pertaining to scientific research, and principles relating to the actual conduct of such research. The main conclusion reached is that there is a general freedom of scientific research applicable to parts of all three areas--outer space, the Antarctic and the oceans. This freedom is customary and applies to States, international organizations and individuals.