iOi 



be conducted without tlie coastal nation's 

 permission. 



Although most nations have been liberal in 

 the courtesies accorded scientific parties, some 

 have viewed scientists with suspicion and 

 have refused tliem permission or imposetl 

 hampering restrictions. Some scientists are 

 deterred from seeking tlie necessary permis- 

 sion because of the length of time it takes 

 to obtain permission and because the uncer- 

 tainty of a favorable outcome makes it im- 

 possible for them to plan their expeditions. 



To prevent the existing legal framework 

 from becoming a serious obstacle to world- 

 wide scientific inquiry, tlie Commission urges 

 the United States to join with other nations 

 to effectuate the principle of maximum free- 

 dom for scientific inquiry. To this end, a new 

 international legal framework is required. 

 However, recognizing that it will take time 

 to negotiate a new framework, the Commis- 

 sion also proposes a policy of easy access for 

 scientific inquiry even within the existing 

 framework. 



Recommendations for a New Interna- 

 tional Convention 



The freedom to conduct scientific investi- 

 gations in the high seas, including inquiries 

 concerning the bed of the high seas and its 

 subsoil, is a freedom recognized by general 

 principles of international law. Nevertheless, 

 this freedom is limited in the exclusive fish- 

 eries zone and by the requirements of the 

 Convention on the Continental Shelf. 



Coastal nations, including the United 

 States, prohibit fisheries research in the ex- 

 clusive fisheries zone without their consent. 

 Because the coastal nation has authority to do 

 so only to the extent necessary to protect its 

 fishing rights in its exclusive fisheries zone, 

 the definition of such fisheries research pre- 

 sents a difficult but crucial question. 



To avoid the possibility of unpleasant in- 

 ternational incidents, scientists are well ad- 

 vised to seek permission from the coastal 

 nation to conduct almost any study of living 

 resources in the exclusive fisheries zone. 



This restriction on research can become 

 particularly serious if the coastal nation bars 

 the researcher from studying marine animals 

 which inhabit tlie exclusive fisheries zone as 

 well as the high seas beyond that zone. 



The Convention on the Continental Shelf 

 provides also that the prior consent of the 

 coastal nation must be obtained for "any re- 

 search concerning the continental shelf and 



To oiservc, desoribe, and understand 

 the physieal, geological, chemical, 

 and biological phenomena of the 

 marine environment, the marine 

 scientist must conduct investigations 

 on a worldioide haMs. A core 

 sampler is launched during the 

 recent global cruise of the 

 Oceanographer. 



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