International law concerning ocean observing

There exists a clear need for the collection of marine data for a wide range of purposes. Traditionally, states have attempted to regulate this form of data collection – or ocean observing – by categorising it as marine scientific research. Yet, there are substantial distinctions between marine scientific research and sustained ocean observing. The purpose can be very different, and the former is often dependent on the latter. Moreover, the application of regulation for marine scientific research to sustained ocean observing creates barriers to the expeditious and efficient collection of marine data. This is mainly because the international rules applicable to marine scientific research have been created decades ago, when mostly research vessels were used to collect data. Since then, the development of many new technologies and observation instruments has occurred. Regulations are no longer always able to cover the practical reality of ocean observing. A distinction in regulating marine scientific research and sustained ocean observing would be beneficial in many regards and follow the trend that many forms of ocean observing are already exempted from regulation under marine scientific research. Moreover, this would make it easier for states to fulfill their international legal obligations, such as under the Paris Agreement and the new Agreement on Biological Diversity in Areas Beyond National Jurisdiction.