States' obligations relating to marine monitoring and observation

Abstract

Ocean data determining the state of the ocean are required for various purposes. The data are needed to understand the ocean and its interrelation, for instance, with the climate as well as to provide information and benefits for numerous sectors, such as for the coastal protection or pollution control. In order to meet the multiple needs for ocean information, a global and sustained system for ocean observation activities is necessary. Steps towards such a global system have been taken within the last decades, especially by setting up the Global Ocean Observing System (GOOS). However, the existing international structures and systems have been lacking governmental support and are held to be insufficient. In this context, the questions are raised whether states are already required by international law to observe and monitor the ocean and to cooperate in doing so and whether states are even obliged to contribute to international ocean observing programmes. Although to some extent, states' obligations can be found in international conventions, such as in the UN Convention on the Law of the Sea (UNCLOS), they cannot meet all the various needs for ocean data. Specific and substantive obligations in international law meeting the multiple needs for ocean data are, however, required. If such obligations were included in the UNCLOS, issues relating to Marine Scientific Research would have to be kept in mind. Another option of creating specific commitments could be seen in a new agreement relating to the GOOS. © 2011 World Maritime University.