UNU/IOC/UNESCO Workshop on International Co-Operation in The
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Intergovernmental Oceanographic Commission Workshop report No. 32 - supplement Papers submitted to the UNU/IOC/UNESCOWorkshop on International Co-operation in the Development of Marine Science and the Transfer of Techtïobgy in the context of the New Ocean Regime Paris, 27 September - 1 October 1982 The Summary Report of the UNU/IOC/Unesco Workshop on International Co-operation in the Development of Marine Science and the Transfer of Technology in the Context of the new Ocean Regime was issued as IOC Workshop Report No. 32. This Supplement contains the papers presented at the Workshop, J I CONTENTS page FOREWORD 1-2 PAPERS PRESENTED A General Eeview of the New Convention on the Law of 3 - 35 the Sea Having a Bearing on Marine Science and Its Application Alexander YANKOV International Cooperation in Marine Scientific Research 36 - 57 and in the Development and Transfer of Marine Science and Technology in the Convention of the Law of the Sea with Particular Reference to the Attention Paid to the knterests of Developing Countries Maria Eduarda GONÇALVES Convention of the Law of the Sea and the New International 58 - 72 Economic Order René Jean DUPUY' Creating Favourable Condit ions for the International 73 - 88 Cooperation for the Transfer of Marine Science and Technology in the Context of the New Ocean Regime Agustin AYALA-CASTANARES New Ocean Regime and Marine Scientific Research S9 - 113 Syed Zahoor QASIM Flow of Scientific Data and Information and the Transfer 114- 122 of Knowledge to Developing Countries Geoffrey KESTEVEN Developing the Marine Scientific and Technological 130- 149 Capacity of States Inocencio RONQUILLO Ulf LIE Promoting Marine Scientific Research Centres and Networks 150 159 Sidney HOLT The IO1 Training Programme on the Management and 160 - 173 Conservation of Marine Resources: A Case Study Elizabeth MANN BORGESE LIST OF PARTICIPANTS 174 -177 -1- FOREWORD The Convention adopted by the Third United Nations Conference on the Law of the Sea (UNCLOS) defines a new international regime inter alia for use of the ocean and its resources. It codifies the need for-- ensuring that such use is peaceful, that resources are equitably and efficiently utilized, that the marine environment is studied, monitored and protected, and that its living resources are conserved. The Convention is thus a contribution to the realization of a new, more just and equitable inter- national economic and social order, which would meet the interests of mankind as a whole - including both present and future generations - with particular attention to the interests of people in the more disadvantagd countries. Scientific research is regarded as an essential açtivity under the new regime. By leading us to a better understanding of the nature of the ocean, of the natural processes in and affecting it and of the resources it contains, marine science provides a basis for resource development and better management of human activities in or affecting the ocean. It is also, of course, the source of the new technologies for exploring, using and monitoring the oceans, their quality and resources. Given an appropriate legal regime, States nevertheless ris being frustrated in their aspirations to explore and use the ocean, and to do so in accordance with the principles established. The capacity of many of them to participate in marine research is quite inadequate; they are conscious of their lack of specialists and of appropriate infrastructures concerning marine science and technology. Many States still have very limited access even to existing data pols, as well as to instruments. Such States face difficulties in analyzing and evaluating for their purposes relevant information to which they may, in theory, have access. The Convention reflects an awareness of these problems. It encourages States to co-operate with one another in the development and transfer of marine science and technology. This co-operation can, in principle, be effected both directly and through competent international organizations. There are many ways of doing this, and the most effective ones must be sought in each case. But it is universally agreed that among the means available the conduct of international programmes and the establishment of both a comprehensive network of national research and service centres and international centres are very important. Several international organizations are currently engaged in promoting those means of co-operation in science and technology transfer. Those organizations of the United Nations System which work together through the Inter-secretariat Committee on Scientific Programmes Relating to Oceanography (ICSPRO) need particular mention in this regard, they are: the UN, Unesco, FAO, WO and IMO. Some others, notably UNEP and IAEA, also have an interest in certain aspects of marine science and technology. The IûC is acting as the joint specialized mechanism of the five first mentioned organizations as far as is concerned, thus playing a central role in and co-ordinates scientific research programmes, and services. These services, it should be noted, include exchanges of oceanographic data (IODE), and -2- aquatic sciences and fisheries (ASFIS). ICC also has had for several years a special parallel programme for training, education and mùtual assistance (TEMA) among States. More recent than recognition of needs for access to information and for availability of scientific and technical skills has been the awareness that a key to progress in marine science is .the existence of appropriate national infrastructures. This awareness has emergsd from many years of experience in the world- wide development of marine science and the conduct of international activities. But it has been greatly sharpened by the discussions in ü'NCLûS and concurrent consideration in the governing bodies of ICE - its Assembly and its Executive Council. Accordingly, the IOC has adopted a Comprehensive Plan to assist its Member States in developing their national capabilities for marine science and ocean services. This has the dual objective of directly helping the developing states with limited or no capacity to achieve their goals in ocean affairs, whatever those may specifically be, and of facilitating their participation in international activities - to the same end, eventually. The Plan is intended also to help participation in international activities, parti- cularly those undertaken within the framework of the IûC itself. In the matter of developing national infrastructures, Unesco's Division of Marine Sciences'naturallyplays a complementary role. In identifying and elaborating the ways to improved co-operation, and particularly more effective transfer of marine science and technology, free and concentrated debate is timely. The Workshop, the proceedings of which are reported here, provided an informal forum for such debate. The nature of the subject is such that the involvement of the United Nations University (üNU) is most appropriate and desirable as it can contribute significantly to the objective of TEMA. Hence the Workshop was organized jointly by UNU and IOC with the Unesco Division of Marine Sciences. From it emerged ideas for strengthening co-operation among States, in the context of the New Ocean Regime, for their individual and collective benefit. -3- A GENERAL REVIEW OF THE NEW CONVENTION ON THE LAW OF THE SEA HAVING A BEARING ON MARINE SCIENCE AND ITS APPLICATION Alexander PANKOV Professor of International Law Sofia University Sofia , Bulgaria TABLE OF CONTENTS INTRODUCTION 1. THE SHAPING OF THE NEW REGIME OF OCEANIC RESEARCH 1.1 THE HISTORICAL BACKGROUND: THE EXPERIENCE OF THE 1958 CONFERENCE OF THE UNITED NATIONS ON THE LAW OF THE SEA 1.2 NEW TRENDS IN MARITIME AFFAIRS AND THEIR IMPACT ON THE EMERGING REGIME OF SCIENTIFIC RESEARCH: FROM THE SEA-BED COMMITTEE TO UNCLOS-III 2. THE LEGAL FOUNDATIONS OF THE NEW REGIME OF SCIENTIFIC RESEARCH 2.1 GENERAL PRINCIPLES UNDERLYING THE REGIME OF SCIENTIFIC RESEARCH 2.2 PROVISIONS OF THE CONVENTION BEARING UPON MARINE SCIENCE AND ITS APPLICATION TO EXPLORATION, EXPLOITATION, MANAGEMENT AND CONSERVATION OF THE RESOURCES OF THE SEA 2.3 APPLICATION OF MARINE SCIENCE TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT CONCLUSION NOTES -5- INTRODUCTION The adoption of a comprehensive Convention on the Law of the Sea was the culmination of a long and arduous negotiation on all problems relating to the régime over the ocean space. The outcome of these negotiations emerging from the evolving process of consensus reflects a collective effort to harmonize the multiple uses of the seas, and accommodate different national exigencies and interests placing them into a proper global perspective. The Conference and its final results affirmed the role of the United Nations as the most representative forum and coordinating factor for multilateral negotiations on complex inter- national issues of vital importance to the international community as a whole. The elaboration of a comprehensive legal framework for international cooperation in the exploration and exploitation of the World's Ocean and its resources is designed to provide a viable basis for the promotion of economic and social progress and the maintenance of international understanding and peace. The new Convention draws together the basic components of a legal régime universal in scope and field of application. This new legal régime is based not only on existing rules and principles, but constitutes an endeavour to solve outstanding problems and deficiencies of