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

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

Yu, Chuxiao

Brill

09/2022

314

Dura

Inglês

9789004508583

15 a 20 dias

1

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Abbreviations

List of Figures and Table



1 Introduction

?1.1 The Impetus for the Current Research

?1.2 Research Questions

?1.3 Structure of the Book

?1.4 Delineation of the Research and Use of Terminology



2 An Analysis of the Approach to Interpreting Pertinent UNCLOS Provisions

?2.1 Introduction

?2.2 Elements to Be Considered in the Assessment Process

?2.3 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 Parties

?2.6 Object and Purpose of UNCLOS and Its Implications for Ascertaining the Temporal Sense-Intention of the Parties

?2.7 Conclusions and Implications for Analysis in the Subsequent Chapters



3 UNCLOS Provisions on Ocean Data Collection - with a Focus on the Marine Scientific Research Regime

?3.1 Introduction

?3.2 The Nature of and Criteria for Marine Scientific Research

?3.3 Marine Scientific Research and Other Ocean Data Collection Activities

?3.4 Concluding Remarks



4 Subsequent Practice on Ocean Data Collection Activities

?4.1 Introduction

?4.2 National Legislation and Policies Concerning the Scope of Marine Scientific Research

?4.3 Subsequent Practice Concerning Ocean Data Collection Activities Manifested in Global Fora

?4.4 Concluding Remarks



5 Regulation of Ocean Data Collection Activities under Other International Conventions

?5.1 Introduction

?5.2 Convention on Biological Diversity and Its Nagoya Protocol

?5.3 United Nations Framework Convention on Climate Change

?5.4 London Convention and the London Protocol

?5.5 International Convention on the Regulation of Whaling

?5.6 Conclusions



6 Access to Marine Genetic Resources and Its Regulatory Framework

?6.1 Introduction

?6.2 Characteristics of Activities concerning Marine Genetic Resources

?6.3 Appropriate Legal Framework for the Sampling of Marine Genetic Resources

?6.4 Applying the Relevant UNCLOS Provisions to Activities Involving Marine Genetic Resources

?6.5 Conclusions



7 Operational Oceanography and Its Regulatory Framework

?7.1 Introduction

?7.2 What Is "Operational Oceanography"?

?7.3 Legal Classification of Operational Oceanography

?7.4 Different Scenarios: Application of the Relevant UNCLOS Provisions to Operational Oceanography

?7.5 Future Regulatory Options for Operational Oceanography



8 Concluding Remarks

?8.1 Introduction

?8.2 Approach to Interpreting Relevant Treaty Provisions

?8.3 The Nature of and Criteria for Maine Scientific Research under UNCLOS

?8.4 The Legal Framework(s) for Different Kinds of Ocean Data Collection Activities

?8.5 Limits and Strengths of UNCLOS and Its Marine Scientific Research Regime in Regulating "Modern" Ocean Data Collection Activities

?8.6 Final Remarks and Some Observations on Future Developments


Summary

Bibliography

Index
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