CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION … states stated that the consent of the coastal state is not necessary for hydrographic surveys or military surveys that are part of other uses of the sea related to those freedoms recognized by international law which are associated with the operation of ships within the meaning ofthe Article 58(1) of the Convention. Another term associated with marine scientific research is the term operational oceanography, which refers to the collection of such data as temperature, pressure, wind strength for the purposes of weather forecasting, i.e., the collection of meteorological data. Regarding the collection of meteorological data, in the opinion of the chairman of the third committee of the Third Conference on the Law of the Sea, the collection of meteorological data is not marine scientific research as stipulated in Part XIII of the Convention. 30 The terms survey and marine scientific research, as they are not defined in the Convention, can lead to disputes between states about their interpretation in connection with the exclusive economic zone. Other problematic issues are related to the use and preservation of living resources in the exclusive economic zone. Pursuant to Article 61(1) of the Convention, the coastal state shall determine the allowable catch of living resources in its exclusive economic zone. In essence, the coastal state can take the entire catch. However, at the same time, according to Article 61(2) of the Convention, the coastal state taking into account the best scientific data available and ensuring through appropriate measures in the field of protection and management, that the preservation of living resources in the exclusive economic zone is not threatened by their excessive exploitation. However, shoals of fish occur both in and beyond the exclusive economic zone and are highly migratory species. Articles 63 and 64 of the Convention contain provisions on maintaining and promoting the objective of optimal harvesting of such species, both in and beyond the exclusive economic zone. However, the given provisions are very general (vague). Some authors are critical of these general provisions. 31 The general provisions of the Convention on the Law of the Sea are developed in the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA) 32 of 1995. The Agreement calls on states to ensure consistency between regimes for the conservation and management of highly 2012 “Securing the Ocean for the Next Generation”, p. 28. In: https://www.law.berkeley.edu/files/Beckman Davenport-final.pdf, (accessed on 10. 4. 2024). 30 Third United Nations Conference on the Law of the Sea. Document A/CONF.62/C.3/SR.46, 46th meeting of the Third Committee, 20 August 1980. In his opinion, the provisions on marine scientific research would not create any difficulties and obstacles hindering adequate meteorological coverage from ocean areas, including areas within the exclusive economic zone, carried out both within the framework of existing international programmes and by all vessels, since such activities had already been recognized as routine observations and data collecting which were not covered by Part XIII. 31 BROWN, E. D. The International Law of the Sea, Volume I. Singapore, Sydney: Dartmouth, Aldershot, 1994, p. 323 or BROWNLIE, I. Principles of Public International Law, Fifth edition . Oxford: Clarendon Press, 1998, p. 260. 32 Earth Summit, Agreement on High Seas Fishing, Department of Public Information, United Nations, New York, 1995.

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