This definition is derived verbatim from the draft mining code for prospecting for polymetalic nodules in the international seabed are¹⁶.

　

 The 1982 UNCLOS does not define "marine scientific research¹⁸". Indeed specific attempts at UNCLOS III to include a definition of MSR in the Convention were unsuccessful¹⁹.

　

 MSR includes oceanography, marine biology, fisheries research, scientific ocean drilling and coring, and geological/geophysical scientific surveying, as well as other activities with a scientific purpose²⁰. There is a tendency in practice to use the term "marine scientific research" loosely when referring to all kinds of data collection (research) conducted at sea . However, not all data collection conducted at sea necessarily comes within the scope of the marine scientific research regime established by Part XIII of the 1 982 UNCLOS²¹. Indeed, some argue that other activities, such as resource exploration, prospecting and hydrographic surveying are governed by different legal regimes. However, these activities may be difficult to distinguish in practice and this creates a problem in the application and enforcement of the regime.

　

 Ships and a variety of other platforms, such as submersibles, installations and buoys or Ocean Data Acquisition Systems (ODAS), aircraft and satellites might conduct MSR. The ships might be categorized as oceanographic research vessels, hydrographic surveying vessels, or fisheries research vessels, but few of these categories are exclusive. For example, an oceanographic vessel may conduct what some may classify as fisheries research and vice versa. Most hydrographic surveying vessels also have the capability to conduct oceanographic research and indeed may routinely do so as part of hydrographic surveying, e.g. the taking of bottom samples and the collection of data on currents and tidal streams.

　

 Military surveys collect data that is important, even essential, for effective submarine operations, anti-submarine warfare, mine warfare and mine countermeasures, particularly in waters such as the South and East China Seas where oceanographic and underwater acoustic conditions vary widely with uneven bottom topography, fast tidal streams and a relatively high level of marine life.

　

 Intelligence collection activities conducted in the EEZ could also be conceivably considered as coming within the scope of "scientific research" and thus within the scope of the MSR regime in the 1982 UNCLOS²². However, the United States and other maritime powers are strongly of the view that while these activities are within the scope of research, they are associated with the freedoms of navigation and overflight in the EEZ and not under the jurisdiction of the coastal State. This is because intelligence collection data is only used for military purposes and is not released to the public. However, in the types and potential uses of data gathered, the boundaries between "military surveys", "intelligence collection" and marine scientific research may be difficult to determine, and one vessel may concurrently undertake several activities. Given the confusion and overlap in concept and practice, and the possiblility that some may intentionally blur the distinction between these activities to elude the jurisdiction of the coastal State, this definition emphasizes intent, i.e., "to enhance scientific knowledge".

　

 The issue depends in part on what is included in the term "military activities". The US Navy takes the view that the high seas freedoms (which apply in the EEZ) include "task force maneuvering, flight operations, military exercises, surveillance, intelligence gathering activities and ordnance testing and firing," and that "the existence of the EEZ in an area of naval operations need not, of itself, be of operational concern to the naval commander²⁴." While not favoring one side or the other in this dispute, the definition used here is comprehensive and pointedly includes intelligence gathering activities.

　

 Military surveying is an expression largely coined by the United States. The United Kingdom calls it Military Data Gathering (MDG). These terms are not specifically addressed in the 1982 UNCLOS and there is no language stating or implying that coastal States may or may not regulate its conduct in any manner outside their territorial sea or archipelagic waters.²⁶ Thus the United States "reserves the right to engage in military surveys outside foreign territorial seas and archipelagic waters" and that to "provide prior notice or request permission would create an adverse precedent for restrictions on mobility and flexibility of military survey operation²⁷". Similarly the United Kingdom argues that States have the right to engage in MDG anywhere outside foreign territorial seas and archipelagic waters without prior notice to or permission from the coastal State.

　

 Acoustic research is a particularly important dimension of military surveying. This reflects the importance attached by navies to knowledge of the propagation of sound in water to navies. Sound propagation can vary greatly from one area to the next depending on conditions of water density, chemistry, salinity and temperature. Apart from the collection of relevant oceanographic knowledge, acoustic research deals with underwater communications and telemetry, the performance of different types of sonar (i.e. passive and active, and active sonars of different power and frequency) and instrumentation and control systems (e.g. for remotely operated vehicles). Some ships might be identified specifically as hydro-acoustic ships.

　

 Geophysical surveying is a form of marine scientific research that has considerable application in military surveying, particularly in support of anti-submarine warfare operations. For example, although magnetic anomaly detection is less used now as a form of submarine detection, military survey vessels might still carry and use gravimeters and magnetometers as part of their research equipment.