Marine scientific research governance in the Arctic Ocean.

摘要

The legal regime that has come to regulate the conduct of marine scientific research activities has evolved over time, from Admirality law to the Law of the Sea, environmental law, the laws relating to intellectual property rights over data, samples and results, and international trade laws dealing with the import, export and use of genetically modified macro and micro-organisms, compilation of data and trade secrets.Marine scientific research cooperation in the Arctic Ocean is vital for our understanding of basic natural mechanisms. The 1982 United Nations Convention on the Law of the Sea (UNCLOS III) has created a consent regime for coastal states to manage, control, and promote marine scientific research in offshore areas within their national jurisdiction. Arctic states, as a party to the UNCLOS III (except USA), have promulgated laws and regulations on foreign-related marine scientific research conducted within their jurisdictional waters. This work focuses on the legal regime for marine scientific research in general and will explore the present legal governance of Arctic Ocean marine scientific research under the UNCLOS III in particular.Arctic Ocean remains unique and vulnerable. The Arctic Climate Impact Assessment (ACIA, 2005) has documented substantial observational evidence that the sea ice cover is undergoing profound changes including: a steady decrease in extent with larger areas of open water during summer decreasing coverage of multi-year sea ice in the Central Arctic Ocean and, thinning of sea ice throughout the Arctic Ocean. These changes have implications for a host of marine uses such as shipping, offshore development, fishing indigenous hunting, tourism, including marine scientific research.