Law of the Sea

1. Law of the Sea • The Advisory Body of Experts on the UN Convention on the Law of the Sea (ABE-LOS) was established by the IOC to provide guidance regarding the application of the Law of the Sea to IOC activities • IOC Resolution XXII-12 requested ABE-LOS to provide advice on the legal framework within the context of UNCLOS which is applicable for the collection of oceanographic data • ABE-LOS will convene its 4th meeting in Greece May 4-7, 2004

2. Data Collection within EEZs • Under UNCLOS, countries have certain specified jurisdictional rights over their EEZs • The conduct of Marine Scientific Research (MSR) within to EEZ of a second country requires the first country to issue a formal request six months in advance • The issue is whether the collection of data by Argo floats constitutes MSR

3. Data Collection within EEZs • Some countries are concerned that the collection of oceanographic data within their EEZs by autonomous platforms such as Argo and drifting buoys • They feel that the collection of such data constitutes MSR under UNCLOS, with the resulting need to secure prior approval before such collection • Other countries do not share that concern • They feel that, unlike traditional research, data from these systems are fully and openly shared in near-real time, with no period of exclusive use, and for the immediate benefit of all interested parties

4. IOC Resolution • The IOC Resolution concerning Argo only addresses advance notification of the deployment of floats on the high seas by one country which might subsequently drift into another country’s EEZ • It does not address the deployment within another country’s EEZ • Even so, an IOC Resolution does not necessarily have the approval of the Foreign Affairs Ministry or Navy of a given country

5. ABE-LOS-IV • Goal – design a framework for operational oceanography with a legal basis • In addition to Argo and surface drifting buoys, this can also impact • A ship dropping XBTs within another country’s EEZ • Timely access high-frequency data from coastal tide gauges

6. ABE-LOS-IV • Include a one-day benefits symposium within the ABE-LOS meeting where experts are invited to address the group on benefits, both real and potential. • All attendees could benefit from exposure to a common set of information, so that – apart from differing legal views – all could see how a given nation could benefit by helping expedite the collection and timely sharing of oceanographic data from within its EEZ

7. ABE-LOS-IV • With an approach based on first principles we might be able to start developing a shared motivation to make progress reconciling our differing legal views • Our challenge is to develop a mutual understanding of the real and potential benefits of collecting and sharing of oceanographic data from within a nation’s EEZ

8. Data Collection within EEZs • Standard meteorological observations can be collected by ships of one country within the EEZ of another country – without prior approval, based on their potential contribution to safety of life at sea • We need to make the make a similar argument on behalf of Argo, based on the potential utility of the resulting data

9. Request • Please identify who will represent your country at ABE-LOS-IV • Explain to that person real and potential benefits to your country by helping expedite the collection and timely sharing of Argo and other oceanographic data from within your EEZ