The use of Marine Autonomous Systems in Ocean observation under the LOSC: Maintaining access to and sharing benefits for Coastal States

This is a pre-print of the following work: Coelho, L.F., Rogers, R. (2023). The Use of Marine Autonomous Systems in Ocean Observation Under the LOSC: Maintaining Access to and Sharing Benefits for Coastal States. In: Johansson, T.M., Dalaklis, D., Fernández, J.E., Pastra, A., Lennan, M. (eds) Smart Ports and Robotic Systems. Studies in National Governance and Emerging Technologies. Palgrave Macmillan, Cham. pp. 111-131. The final authenticated version is available online at: https://doi.org/10.1007/978-3-031-25296-9_6 

Abstract

The increasing use of marine autonomous systems (MAS) in ocean observation has improved the speed and quality of data collected. However, it is unclear whether the existing legal framework remains fit for purpose of regulating the employment of MAS used in sustained and experimental ocean observation. The reason for such uncertainty is that the framework governing marine scientific research (MSR) under the United Nations Convention on the Law of the Sea (LOSC), used here as a yardstick, was not drafted considering autonomous systems. Such a framework attempts to balance the freedom to conduct MSR and coastal states’ jurisdiction. It also seeks to strengthen the scientific and technological capacities of developing States. The chapter argues that regulatory instruments from competent International Organisations and current practices of States and competent International Organisations concerning the use of MAS in MSR projects are establishing subsequent practices and agreements for interpreting the LOSC in light of new technologies. Notably, such instruments and practices seem to consider the negotiators’ purposes of strengthening developing countries’ marine sciences and technological capacities. Despite that, more effort is needed to solve the asymmetric distribution of scientific capacities.