Regulating Marine Scientific Research in the European Union: It Takes More Than Two to Tango
Date
2012Author
Long, Ronan
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Long, Ronan (2012) 'Regulating Marine Scientific Research in the European Union: It Takes More Than Two to Tango' In: M. Nordquist, J.Norton Moore, F. Soons, and H. Kim(Eds.). The Law of the Sea Convention: U.S. Accession and Globalisation. Leiden/Boston : Martinus Nijhoff Publishers.
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Abstract
The EU and the Member States are party to the 1982 United Nations Convention on the Law of the Sea. The EU has been a long-standing
proponent of the conceptual underpinnings of the 1982 Convention as a package
deal that balances conflicting interests in an equitable manner. Among the provisions
of the package which are particularly germane to achieving this objective are
those that are in Part XIII which facilitate and encourage the conduct of
marine scientific research (MSR). These provisions are increasingly important
in attaining the overall objectives of the EU s Integrated Maritime Policy and
its environmental pillar, the Marine Strategy Framework Directive, which among other
matters aims to promote new approaches to marine resource management including
the ecosystem approach. Ronán Long With a view to investigating the legal
constraints and opportunities at an EU level for improving the implementation
of this new normative concept in marine environmental management, this paper
traces the progressive development of EU policy in relation to MSR and
undertakes a brief review of current Member State practice in relation to
implementation of Part XIII of the 1982 Convention. This is followed by a short
account of EU regulatory instruments, which are relevant to improving access to
data, samples and the results of scientific research on marine ecosystems. The
paper concludes by suggesting a number of steps that could be taken by the EU
to streamline the current consent regime that applies to foreign vessel MSR
with a view to facilitating the practical implementation of ecosystem approach at
a pan-European level. A brief analysis of a number of policy and legal options
is undertaken with a view to improving the collection and provision of
scientific information and data across the maritime boundaries of the Member
States. The paper suggests that the proposed course of action will facilitate a
gradual transition from the current fragmented approach to the authorisation of
ship-based MSR towards a fully integrated governance system in line with the
requirements of a range of EU and international legal instruments. The proposed
harmonisation measures sit comfortably with the 1982 Convention which places
express obligations on States and competent international organisations to
create favourable conditions for the conduct of MSR and requires them to adopt reasonable
procedures that promote and facilitate MSR. The author contends that the
proposed governance structure and harmonisation instrument will support the
sustainable and integrated management of marine ecosystems. The identification of
such structures and the streamlining of administrative procedures is one of the
core objectives of the EU funded ODEMM project which is examining various
options for ecosystem-based management in the European marine environment. Regulating
Marine Scientific Research The path to long term recovery from the current
economic crisis; the path to tackling key societal challenges; the path to
ensuring a prosperous and secure Europe, lie in research and innovation.