Marine Scientific Research and Policy Issues in East Asia

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Marine Scientific Research and Policy Issues in East Asia

in Ocean Yearbook Online

References

2. John Milliman, "The Yellow Sea: Geological and Practical Considerations," paper presented at the International Conference on the Yellow Sea, 23-26 June 1987, East-West Center, Honolulu, as summarized by Mark J. Valencia in International Conference on the Yellow Sea, Occasional Paper of the East-West Environment and Policy Institute, no. 3 (Honolulu: East-West Center, 1987), pp. 132-35. 3. Joseph R. Morgan, "Large Marine Ecosystems: An Emerging Concept of Re- gional Management," Environment 29, no. 10 (December 1987): 4-30; Daniel J. Dzurek, "Prospects for Development of the Yellow Sea Regime," in The Regime of the Yellow Sea: Issues and Policy Options for Cooperation in the Changing Environment, ed. Dalchoong Kim, proceedings of a conference, Seoul, 19-20 June 1989, (forthcoming).

4. Y. Tomoda, "Comments on Scientific Research," paper presented at the Inter- national Conference on the Sea between Japan, Korea, and the Soviet Union, Niigata, Japan, 11-14 October 1988, summarized in Inlernalional Conference on the Sea ofJapan, ed. Mark J. Valencia, Occasional Paper of the East-West Environment and Policy Institute, No. 10 (Honolulu: East-West Center, 1989), p. 194. 5. Tsuyoshi Kawasaki, "International Cooperation for the Scientific Research in the Sea of Japan," paper presented at the International Conference on the Sea be- tween Japan, Korea, and the Soviet Union, Niigata, Japan, 11-14 October 1988, as summarized in International Conference on the Sea of Japan, ed. Mark J. Valencia, Occa- sional Paper of the East-West Environment and Policy Institute, No. 10 (Honolulu: East-West Center, 1989), p. 194. 6. Byong-Kwon Park, "Comments on Scientific Research," paper presented at the International Conference on the Sea between Japan, Korea, and the Soviet Union, Niigata, Japan, 11-14 October 1988.

7. Niu Yinyi, "The Four Decades of Marine Science in China," Collected Oceanic Works 12 (August 1989): 165; see also Yann-huei Billy Song, "Marine Scientific Re- search and Marine Pollution in China," Ocean Development and International Law 20 (1989): 607. 8. C. K. Tseng, preface to Oceanus (issue devoted to oceanography in China) 26, no. 4 (Winter 1983/84): 8. 9. Song (n. 7 above), p. 613. 10. Niu (n. 7 above), p. 166. 11. Ibid., p. 153. 12. Baruch Boxer, "Marine Science in China: Development and Prospects," in Ocean Yearbook 6, ed. Elisabeth Mann Borgese and Norton Ginsburg (Chicago: Univer- sity of Chicago Press, 1986), p. 237. This agency is called the State Administration of the Sea in Song (n. 7 above), p. 608.

17. Yu Huming, "Marine Policy in the People's Republic of China," Marine Policy Reports 1 (1989): 244. 18. It should also be borne in mind that the WESTPAC publications do not include all marine research activities in the area; the data available are only indicative and not exhaustive. 19. Analyses of marine scientific policy in Japan frequently commingle science and technology. See, for example, Mamoru Koga and Hiroyuki Nakahara, ` Japanese Ocean Science and Technology Policy and the National Budget," in Japan and the New Ocean Regime, ed. Robert L. Friedheim et al. (Boulder, Colorado: Westview Press, 1984), pp. 108-29; Noriyuki Nasu, "Introduction: Japan and the Sea," Oceanus 30, no. 1 (Spring 1987): 3-8.

20. Hiroyuki Nakahara, "Consensus Building in the Council for Ocean Develop- ment," in Japan and the New Ocean Regimes, ed. Robert L. Friedheim et al. (Boulder, Colorado: Westview Press, 1984), p. 79. 21. Koga and Nakahara (n. 19 above), p. 114; Nasu (n. 19 above), p. 5; Takashi Mayama, "The Japan Marine Science and Technology Center," Oceanus 30, no. 1 (Spring 1987): 28; Takahisa Nemoto, "Japan's Ocean Research Institute," Oceanus 30, no. 1 (Spring 1987): 49.

22. K. O. Emery, "Korean Oceanography in the Yellow Sea," in Marine Geology and Physical Processes of the Yellow Sea, Proceedings of the Korea-U.S. Seminar and Workshop, Seoul, 19-23 June 1984 (Seoul: Korea Institute of Energy and Resources, 1984), p. 2. 23. Korea Ocean Research and Development Institute (KORDI), A Study on the Marine Environmental Atlas of the Adjacent Seas to Korea (KORDI, 1983), p. 7; KORDI, Oceanographic Atlas of Korean Waters, vol. 1, Yellow Sea (KORDI, 1987). 24. See, for example, Acta Oceanographica Taiwanica (Taipei: Institute of Ocean- ography, National Taiwan University, December 1986), pp. 1-17, (January 1989), pp. 36-45, and (March 1989), pp. 46-47.

25. Robert H. Randolph and John E. Bardach, "Soviet Science in the Pacific: The Case of Marine Biology," in Nature in Its Greatest Extent: Western Science in the Pacific, ed. Roy MacLeod and Philip F. Rehbock (Honolulu: University of Hawaii Press, 1988), pp. 245-74.

26. USSR Ministry of Fisheries, Pacific Research Institute of Fisheries and Oceanography (TINRO), pamphlet prepared for the 14th Pacific Science Congress (Vladivostok: TINRO, 1979). 27. Some of the material in this section is adapted from Nien-tsu A. Hu, "Marine Scientific Research in East Asia," paper prepared at the Environment and Policy Institute, East-West Center, Honolulu, 3 October 1988. 28. The 1982 Convention recognizes the coastal state's exclusive rights to scien- tific research in the Territorial Sea and concentrates on provisions for the other

jurisdictional zones. See The Law of the Sea: United Nations Convention on the Law of the Sea with Index and Final Act of the Third United Nations Conference on the Law of the Sea (hereafter cited as 1982 Convention) (New York: United Nations, 1983). 29. The primary section dealing with these issues is ibid., Pt. XIII, Marine Scien- tific Research (Arts. 238-65); however, other sections of the 1982 Convention are relevant, including arts. 21, 40, 56, 87, 143, 200, 266-69, 275, 277, 297, and Annex VIII, arts. 1, 2. For an article-by-article commentary on the principal entries, see David A.Ross and Therese A. Landry, Marine Scientific Research Boundaries and the Law of the Sea (Woods Hole, MA: Woods Hole Oceanographic Institution, 1987). 30. "The consent of the coastal State shall be obtained in respect of any research concerning the continental shelf and undertaken there. Nevertheless the coastal State shall not normally withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the continental shelf, subject to the proviso that the coastal State shall have the right, if it so desires, to participate or to be represented in the research, and that in any event the results shall be published" (1958 Geneva Convention of the Continental Shelf, Art. 5, Par. 8). 31. For a discussion of the development of the marine scientific provisions of the 1982 Convention, see Alexander Yankov, "A General Review of the New Conven- tion on the Law of the Sea: Marine Science and Its Application," in Ocean Yearbook 4, ed. Elisabeth Mann Borgese and Norton Ginsburg (Chicago: University of Chicago Press, 1983), pp. 150-75.

32. 1982 Convention, Arts. 245-65, 266-78 passim. 33. Ibid., Arts. 266-77; Yankov, (n. 31 above), pp. 159-60. 34. 1982 Convention, Art. 246. 35. Ibid., Art. 247.

36. Ibid., Art. 251. 37. Ibid., Art. 246, Par. 4. 38. Ibid., Art. 250.

39. The Chinese authorities do not define the area subject to Chinese jurisdiction except to distinguish "inland seas and territorial sea" from "the rest of the zones under her jurisdiction" (Su Jilan, "Practice of China in Regulating Marine Scientific Research in Zones Subject to Chinese Jurisdiction," letter to Satya N. Nandan, Under- Secretary-General, United Nations, 25 August 1989). 40. Jeanette Greenfield, China and the Law of the Sea, Air, and Environment (Alphen aan den Rijn, Netherlands: Sijthoff and Noordhoff, 1979), p. 154.

41.TheMarineEnvironmentalProtectionLawofthePeople'sRepublicofChina, adopted at the 24th session of the Standing Committee of the Fifth National People's Congress, 23 August 1982, published in Chinese and English (Beijing: China Ocean Press, 1983), p. 21. 42. 1986 Fishery Law, Art. 8, People's Daily (Beijing), 22 and 23 January 1986, translated by Nien-tsu A. Hu. 43. Toufiq A. Siddiqi, Jin Xiaoming, and Shi Minghao, China-USA Governmental Cooperation in Science and Technology, Environment and Policy Institute Occasional Pa- per no. 1 (Honolulu: East-West Center, 1987). 44. Office for Ocean Affairs and the Law of the Sea, United Nations, The Law of the Sea: National Legislation, Regulations, and Supplementary Documents on Marine Scientific Research in Areas under National Jurisdiction (New York: United Nations, 1989), pp. 143-54. 45. Office of Marine Science and Polar Affairs, U.S. Department of State, "No� tice to Research Vessel Operators" no. 87, 8 May 1989.

46. Office of Marine Science and Polar Affairs, U.S. Department of State, "No- tice to Research Vessel Operators" no. 41, 11 August 1977; Bruce D. Larkin, "East Asian Ocean Security Zones," in Ocean Yearbook 2, ed. Elisabeth Mann Borgese and Norton Ginsburg (Chicago: University of Chicago Press, 1980), pp. 289-92. 47. The West Pacific Fisheries, Oceanology, and Limnology Research Coopera- tion Agreement, among China, North Korea, Mongolia, Vietnam, and the USSR. 48. United Nations Legislative Series: National Legislation and Treaties Relating to the Law of the Sea, ST/LEG/SER.B/19 (New York: United Nations, 1980), pp. 95-97. The South Korean Territorial Sea is less than 12 nm in some straits. 49. Letter from Research Vessel Clearance Officer, Office of Marine Science and Polar Affairs, U.S. Department of State, 22 August 1989. 50. Hungda Chiu, ed., Chinese Yearbook of International Law and Affairs (Taipei: Occasional Paper/Reprints Series in Contemporary Asian Studies, 1982), pp. 151-52; Myron H. Nordquist and Choon Ho Park, North America and Asia-Pacific and the Devel- opment of the Law of lhe Sea: Trealies and National Legislation (New York: Oceana Publica- tions, 1981), binder 1, pamphlet for the Republic of China, p. 6.

51. Response of the Ministry of Foreign Affairs of the Republic of China, 19 August 1988. 52. Office for Ocean Affairs and the Law of the Sea, United Nations (n. 44 above), pp. 258-68. 53. Andrei Sergeevich Monin, "Perspektivy issledovaniia i ispol'zovaniia miro- vogo okeana" (Prospects for investigation and use of the world ocean), Vestnik (Soviet Academy of Sciences) no. 5 (1980):1118-26, as quoted in Randolph and Bardach (n. 25 above), p. 266. 54. A. V. Tkalin and E. N. Shapovalov, "Investigations of Chemical Pollution of the Sea of Japan: Results and Perspectives," paper presented at the International Conference on the Seas of Japan and Okhotsk, sponsored by the Environment and Policy Institute, East-West Center, and the Pacific Oceanological Institute of the Far Eastern Branch of the USSR Academy of Sciences in Nakhodka, USSR, September 1989. 55. Siddiqi et al. (n. 43 above); Song (n. 7 above), p. 615.

56. For an elaboration of topics for general international cooperation, see Roger Revelle, "The Need for International Cooperation in Marine Science and Technol- ogy," in Ocean Yearbook 5, ed. Elisabeth Mann Borgese and Norton Ginsburg (Chicago: University of Chicago Press, 1985), pp. 130-49. 57. Yu (n. 17 above), pp. 241-42. 58. "Korea Ocean Research and Development Institute," pamphlet (1986). 59. Various authors in Acta Oceanographica Taiwanica, issues from 1986 through 1989.

60. T. Ichiye, ed., Ocean Hydrodynamics of the Japan and East China Seas (Amster- dam: Elsevier, 1984), pp. xi-xiii; Nasu (n. 19 above), pp. 6-7; Nemoto (n. 21 above), pp. 49-51. 61. Robert Randolph and John Bardach, "Soviet-American Scientific Coopera- tion in the Pacific," in Soviet-American Horizons on the Pacific, ed. John J. Stephan and V. P. Chichkanov (Honolulu: University of Hawaii, 1986), pp. 162-63. 62. Various Pacific Science Association publications. 63. M. M. Oganov, "The Coordination of Oceanological Investigations in the Soviet Far East," Pacific Annual 1988 (Vladivostok: Far Eastern Branch, USSR Acad- emy of Sciences), pp. 215-16. 64. For example, the International University of Japan and the East-West Center hosted an International Conference on the Sea of Japan at Niigata (October 1988), which was cosponsored by KORDI and United Nations University. The Siberian divi- sion of the USSR Academy of Sciences was among the Soviet hosts to the International Tsunami Meetings at Novosibirsk Science Center (31 July-10 August 1989). The East-West Center and the Pacific Oceanological Institute of the Far Eastern Branch of the USSR Academy of Sciences sponsored an International Conference on the Seas of Japan and Okhotsk, in Nakhodka, USSR, September 1989.

65. Mr. Thomas Cocke, the Research Vessel Clearance Officer, Office of Marine Science and Polar Affairs, U.S. Department of State, kindly provided data on U.S. clearance requests and permissions.

66. 1982 Convention, Arts. 251, 266.

67. UN Environment Programme (UNEP), Achievements and Planned Development of UNEP's Regional Seas Programme and Comparable Programmes Sponsored by Other Bodies, UNEP Regional Seas Reports and Studies no. 1 (1982), p. ii; UNEP Oceans and Coastal Areas Programme (Nairobi), "Oceans a Priority for UNEP," Siren, no. 41 ( July 1989): 1-2.

68. Kwang Woo Lee, "Prospective Environmental Monitoring in the Yellow Sea," in Marine Resource Development in the Yellow and East China Seas, summary proceedings of a workshop sponsored by the Institute for Marine and Coastal Studies, University of Southern California, and KORDI (1984), pp. 28-29.

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