Coastal State’s Consent to Conduct Marine Scientific Research in the Exclusive Economic Zone and Continental Shelf: a Procedural Condition or a Discretionary Power?

The UN Convention on the Law of the Sea (UNCLOS) subjects the conduct of marine scientific research (MSR) in the exclusive economic zone (EEZ) and over the continental shelf of the coastal State to a consent-based mechanism which is regulated under Part XIII of the Convention. On the one hand, the coastal State enjoys the right to authorize MSR in such maritime areas; while on the other hand, there is a requirement under Article 246(3), “in normal circumstances”, to grant its consent to researching States and institutions. However, the question arises ‘how can the intimate nature of coastal State’s consent – i.e. its discretionary character -and the obligation to grant it “in normal circumstances” be reconciled in practice?’ This article will analyze and discuss the nature and scope of coastal State’s consent in Article 246 UNCLOS to determine whether the right to authorize MSR in the EEZ and over the continental shelf accounts to a mere procedural condition or rather to a real discretionary power.