7 Since UNCLOS entered into force in 1994 it has become “the legal framework within which all activities in the GSK2118436 oceans and seas must be carried out.”8 The convention reflects “sets of implicit or explicit principles, norms, rules, and decision-making procedures around which actors׳ expectations converge” concerning activity in the water column, on the seabed, on the surface of the ocean, and in the airspace above it.9 Creation of the EEZ, which is neither

territorial sea nor high seas, was one of the greatest innovations in UNCLOS, and it created the right and expectation among coastal states that they have exclusive sovereign rights in living resources to a distance of 200 nautical miles (nm) from shore, as well as jurisdiction over MSR in the zone. UNCLOS also recognizes a 12 nm territorial sea, over which the coastal state may exercise sovereignty. Consequently, bio-logging potentially implicates coastal state sovereignty Selleck Gefitinib in the territorial sea, and two coastal states interests in the EEZ: exclusive sovereign rights in the living resources and jurisdiction over MSR. Marine migratory species, however, are oblivious to the coastal zones established by UNCLOS,

and the legal regimes that apply within them. Coastal states enjoy sovereignty over the water column, airspace, and seabed of the territorial sea. Other states may access the territorial sea for the purpose of innocent passage – the “continuous and expeditious” transit of the zone in a manner that does not affect the “peace, good order o security of the coastal state.”10 Research and survey activities are inconsistent with innocent passage.11 The “express consent” of the coastal state is required for the conduct of MSR in the territorial sea.12 There is no exception to the requirement to receive coastal state consent for the conduct of MSR by ships engaged in innocent passage. Furthermore, in the territorial sea all states enjoy a right of entry, and

the right to render assistance to mariners in distress, under conditions of force majeure.13 These rules appear on their face to suggest Oxymatrine marine scientists should seek and obtain coastal state consent for MSR in the territorial sea. This proscription, however, is limited to the physical presence of a vessel or scientist within the territorial sea. Merely studying the territorial sea remotely, either through satellite or from aircraft in flight beyond the outer limits of the territorial sea – or marine bio-logging – does not undermine the sovereignty of the coastal state. The EEZ constitutes about 40 per cent of the world׳s oceans – the coastal zone that includes estuarine, green and brown water habitat and the most productive marine ecosystems. These areas are under the resource jurisdiction of coastal states.14 Coastal states have sovereign rights for the purpose of exploring or exploiting, conserving and managing living resources in the EEZ.