SCHOOL OF LAW, NARSEE MONJEE

INSTITUTE OF MANAGEMENT
STUDIES, BENGALURU

LAW OF THE SEA AND THE CURRENT PRACTICES OF MARINE

SCIENTIFIC RESEARCH IN THE ARCTIC

PUBLIC INTERNATIONAL LAW

SUBMITTED TO: SUBMITTED BY:

Prof. Sneha Priya Yanappa Prithvi Shetty
Assistant Professor of Law 81021219024
NMIMS (SOL), Bengaluru B.B.A. LL.B.

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 TABLE OF CONTENTS

ABSTRACT 3

INTRODUCTION 4

LEGAL FRAMEWORK 4

MARINE RESEARCH IN ARCTIC 5

NEEDS 5

CURRENT PRACTICES 6

ANALYSIS 7

CONCLUSION 7

BIBLIOGRAPHY 8

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LAW OF THE SEA AND THE CURRENT PRACTICES OF MARINE
SCIENTIFIC RESEARCH IN THE ARCTIC

ABSTRACT

A sea is a huge stretch of water bordered on all sides by land. It is an important aspect of
human commercial activity, as well as voyages, resource extraction, and energy production,
and it is today regarded an important source of ocean economy. International law of the sea is
a maritime space law that amicably clears up global sea border disputes between or among
Nations and describes various maritime zone municipalities, as well as the rights and
responsibilities of coastal States in these areas, particularly with regard to marine ecosystem
and biodiversity conservation. The Artics' rapid changes in weather and human impacts
necessitate a better understanding of the region. Enhanced scientific effort in the area has
resulted in higher accessibility due to decreasing sea snow cover and new technologies. The
appropriate current legislation, namely the United Nations Convention on the Law of the Sea,
is under strain as a result of these conditions. As a result, a dialogue involving legal and
nautical researchers is designed to promote synchronization between the legislative structure
and present practises in Arctic marine scientific research.

KEYWORDS: International Law, Convention, Maritime, Sea, Marine scientific research

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INTRODUCTION

The law of the sea is a branch of public international law that governs the legal rights and
responsibilities of nations and international law subjects in relation to the usage and
utilisation of the seas in order to maintain peace. It differs from private maritime law, which
governs the duties and liabilities of private individuals in nautical matters such as cargo
transport and marine insurance.

The Arctic Ocean is becoming an area of rising financial and ecological significance as a
result of climate change's natural repercussions. The Arctic is warming at a rate nearly twice
that of the rest of the world, and the quick disappearance of ice cover renders the oceans more
exposed for resource extraction and commerce. As a result, the ecosystems of the Arctic
Ocean are under stress. Marine scientific research in the Arctic Ocean is of great relevance
for these grounds. However, data collection is difficult due to the absence of facilities, the
isolation of the place, and the warm environment, which necessitates unique study
approaches.

LEGAL FRAMEWORK

UNITED NATIONS CONVENTION ON THE LAW OF SEA [UNCLOS]

The United Nations Convention on the Law of the Sea (UNCLOS)1 went into effect on
November 16, 1982, as a law of the sea. However, it was not until 1973 that such a
proposition was presented to the United Nations. UNCLOS was established over the span of
nine years, with over 160 countries submitting delegations. As technology progressed and the
demands of people all around the world expanded, a problem arose. By the mid-twentieth
century, over-exploitation of the sea's elements had become a major concern, and several
countries had begun to recognise the need to safeguard their coastal ecosystems.

Many nations around the globe, beginning with the United States in 1945, have brought the
natural riches located in their oceans' continental shelves under their authority. Third
Conference on the Law of the Sea was held in 1967. Mr Arvid Padro demanded a legal power
to bring about global authority over the marine floor and bed during this summit. This legal

1
United Nations Convention on the Law of the Sea,
http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf.

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authority might also guarantee that there would be no disputes between nations over the
marine floor and bed area. This UNCLOS III opened the foundation for the current marine
legislation in a significant way.

MARINE RESEARCH IN THE ARCTIC

Arctic marine research does have a long and illustrious history. Many research studies in the
Arctic are aimed at studying the sea life or include an element that deals with it. The amount
of such initiatives has risen dramatically and is expected to continue to rise in the upcoming
years of increased monitoring requirements related to the environment, promising natural
resource growth, and transportation, as well as the need to enforce Article 76 of the Law of
the Sea Convention2 in reference of the continental shelf. Arctic scientific research differs
from study in other places in a few ways. The Arctic's symbolic importance has not lessened
since the conclusion of the Cold War. For a range of factors, including volatility induced by
sea-ice melt, petroleum & energy potential, and the growth of defence assets by coastal
governments, the Arctic Ocean is frequently represented as a foundation for
potential disputes. A possibility for tension like this might have ramifications for marine
scientific study. The marine scientific research policy in the Arctic Ocean may be influenced
by political interactions between Arctic Ocean coastline governments and non-Arctic nations
and institutions such as the European Union. Issues such as lack of accessibility to study
locations, have been noted on occasion. Moreover, all five Arctic Ocean coastal governments
have expressed worry about the repercussions of the segmentation of the offshore continental
plate, particularly the severe limits on entry to almost all of the Arctic Ocean's seabed
regions.

NEEDS

The Arctic is a place with more financial and ecological significance than its tiny size and
isolation imply. Although the Arctic Ocean covers just around five percent of the total ocean
surface area, it encompasses over a quarter of the world's coast line. Although substantial
mineral riches are estimated to exist in the Arctic coast line, they have yet to be exploited.
The Arctic Ocean is just around 1.5% of the world ocean's volume, but it gets roughly ten

2
PINTO, M. (2013). Article 76 of the UN Convention on the Law of the Sea. Asian Journal of International Law,
3(2), 215-235. doi:10.1017/S2044251313000192

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percent of global river discharge, therefore it is more impacted by inflows of clean water and
absorbed minerals than other seas.

The necessity of gaining basic understanding about the Arctic Ocean and surrounding ice-
bearing waters, and also the mechanisms that link this territory to the world system is critical
due to the obvious region's tremendous economic and ecological value. The United States, as
a state that borders the Arctic Ocean and a global leader in marine research, must continue to
play an important role in arctic research.

The Arctic Ocean is indeed the least well-known ocean of the world, and little is known
about its significance in international dynamics. The layers of the Arctic Ocean basin contain
a few of the best ways to understand historical climatic conditions, and improving capacities
to comprehend and anticipate climate change relies on recognizing the movement, mixing,
and production of surface waters that happens in this largely enclosed ocean. The assessment
and prevention of pollution, both industrial and radioactive, in the Arctic Ocean is critical for
the area's live ocean biodiversity and also the residents of the nation’s bordering the Arctic
Ocean's safety. In the Arctic, the United States has distinct strategic interests, and policy
making must always be based on sound scientific understanding.

CURRENT PRACTICES

Information from the Arctic Ocean could be gathered from a variety of sources, including the
bottom (seabed structures), the sea level, and the airspace (from satellites, aircraft). Remotely
controlled automobiles and submarines are examples of technology that work across the
surrounding water.

Arctic marine scientific study relies heavily on foreign collaboration. In the Arctic, effective
cooperation exists because ocean processes are spread across national borders; the breadth
and complexity of Arctic research issues are beyond the capability of sovereign countries or
conventional scientific fields; and research operations are costly and time-consuming. A
globally coordinated strategy enhances its efficiency and optimal use of scarce assets and
resources, and new ocean technology capabilities have the ability to make significant
advances in Arctic research.

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Ocean observatories, which are facilities on the seabed that are connected with scientific
tools, are one approach to gain information from the ocean. The ability to obtain
repeated time-series out of a given way without having to be there with a ship is a benefit of
this strategy. This is especially valuable in the Arctic Ocean, wherein ship availability is
confined to ice-free and storm-free circumstances, limiting data collection to the summer
months. As a result, immovable ocean observatories offer a practical option to explore
temporal changes and acquire observations from the Arctic Ocean throughout the year.

ANALYSIS

Unlike Antarctica, which is already being influenced by global warming, the Arctic does not
have a substantial Arctic-specific treaty in place. The UNCLOS, the increasingly crucial
operations of the Arctic Council, and a jumble of statutes and treaty obligations control the
Arctic area. However, climate change is putting further strain on this legal and regulatory
framework.

The UNCLOS is among the most extensive and complicated international treaties ever
created. Just as the Arctic adapts to its new climate realities in the twenty-first century, it will
become increasingly important. However, the United States seems to be the lone Arctic
Council member who isn't really a participant to UNCLOS. This is opportunistic and
counterproductive to the United States' national security, ecological, and financial interests.
Despite the United States' continuing resistance to ratify the UN Convention on the Law of
the Sea, a broad coalition of national security professionals, activists, and corporate interests
in the United States supports the United States to become a party to UNCLOS. To be clear, as
a part of international law, the United States considers UNCLOS' main navigational
requirements as enforceable.

CONCLUSION

The Arctic's environment is warming faster than several other parts of the planet, and the
quick melting of sea ice has made the territory more accessible. Climate change and growing
human activity have the potential to have a huge impact on the marine ecosystems of the
Arctic. Marine scientific study in the Arctic is critical for mapping the possible impact of
human activities in the region and projecting changes in the global climate,
including beneficial regulation.

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Despite the fact that the Arctic Ocean is becoming more accessible, doing marine scientific
study remains a problem. Sea snow cover, the arctic night, isolation, and extreme weather all
lead to a difficult study environment. These tough circumstances, along with a pressing
demand for information, lead to increasing engagement and the use of new and unique
technology to address these issues.

The attempt to strike a balance between the needs of coastal regions and research states,
emerging and industrialised countries, resulting in uncertainty in several critical UNCLOS
sectors. Those conflicts are undeniably still there, and they are perhaps becoming more so as
emerging countries are becoming more aware of the possible stakes. More precise guidelines
may be necessary to develop a much more globally applicable regulatory procedure for
maritime scientific research, however this is debatable. Political and financial variables will
always determine whether or not the marine scientific research regime succeeds or fails in
terms of international maritime policy.

Despite the issues stated above, the UNCLOS remains the relevant legal framework and it
may continue providing a strong foundation for the administration of Arctic maritime
scientific research. Nevertheless, establishing and maintaining a discussion about how to
conduct the research, and also establishing a contemporary version of the relevant legal
framework that fits current practises of marine scientific research in the Arctic Ocean, is a
first necessity in order to prevent non-alignment between both the legal framework and
research operation.

BIBLIOGRAPHY

• Woker, Hilde, Bernhard Schartmüller, Knut Ola Dølven, and Katalin Blix. "The law
of the sea and current practices of marine scientific research in the Arctic." Marine
Policy 115 (2020)
• Takei, Yoshinobu. "Marine scientific research in the arctic." The Law of the Sea and
the Polar Regions. Brill Nijhoff, 2013. 343-365.
• Baker, Betsy. "Common Precepts of Marine Scientific Research Access in the
Arctic." In Arctic Science, International Law and Climate Change, pp. 209-243.
Springer, Berlin, Heidelberg, 2012.
• Franckx, E. (1991). Marine scientific research and the Soviet Arctic. Polar
Record, 27(163), 325-337. doi:10.1017/S0032247400013085

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