Can and Should an International Court or Tribunal Define the Term ‘Marine Scientific Research’ under the United Nations Convention on the Law of the Sea

Abstract

The term ‘marine scientific research’ (MSR) is included in the United Nations Convention on the Law of the Sea without a definition. An examination of relevant drafting history reveals that the drafters of the Convention intentionally omitted the definition since they could not reach an agreement on this matter and had to leave it open for future development. Under Article 251 of the Convention, States shall seek to resolve the ambiguity surrounding the term MSR through competent international organisations. In terms of the legal clarification when the law is ambiguous, the role of international courts and tribunals cannot be overlooked. This article assesses the extent to which international judicial organs help to clarify the meaning of the term MSR by examining whether an international court or tribunal can or should define this term. It concludes that an international judicial organ should not define the term MSR in a general sense.