Cutting the Gordian Knot: Is an Effective Cooperation Regime for Marine Scientific Research in Northeast Asia Feasible?

Abstract

This article considers an approach for achieving an effective cooperation regime for marine scientific research (MSR) in Northeast Asia. Specifically, it addresses the causes of MSR-related disputes in undelimited maritime areas and explores its reality in Northeast Asia through case studies. It further examines the legality of unilateral research or survey activities in undelimited maritime areas, considering Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea. Based on such discussions, it offers suggestions for realizing a cooperative regime for MSR. This article’s primary argument is that it is worth considering a regime-building suggestion in alignment with the original spirit of MSR, despite the challenges it may entail. To that end, it emphasizes that efforts should be made to remove the causes of disputes and recommends a cooperative regime led by international institutions and a joint research regime as a modus vivendi.