The Conflict Between Jurisdiction of Coastal States on MSR in EEZ and Military Survey

Abstract

This chapter analyzes the relationship between jurisdiction of marine scientific research (MSR) in Exclusive Economic Zone (EEZ) and military survey activities. It analyzes the original legislative intention of the MSR regime from the perspective of its evolution. The international Law of the Sea gives coastal States more jurisdiction in ever-enlarging areas. There is no means to distinguish between "pure MSR" or "applied scientific research" from such activities as "hydrographic survey" and military survey under the current level of modern science and technology development. The chapter classifies activities for the purpose of increasing mankind's knowledge of oceans and marine movement as MSR. It provides a brief overview of the evolution of the legal regime of MSR. The chapter analyzes how to link the various legal systems established in the United Nations Convention on the Law of the Sea (UNCLOS). Keywords: coastal states; exclusive economic zone (EEZ); marine scientific research (MSR); military survey; national jurisdiction; UNCLOS