Legal Framework. As noted above, the design of the system to be deployed by The Ocean Cleanup is unique. It is a floating barrier that is not equipped with any mechanical means of propulsion and therefore cannot navigate or correct its course autonomously. However, the movements and status of each system will be monitored from land. The system will be towed from a port to its destination by ship, after which it will float on the water under the influence of currents and the wind. Given the system’s uniqueness, it is not immediately apparent what the applicable regulations are. Various options have been explored to enable the Netherlands to fulfil its duty of care. It was concluded that no ready-made legal framework exists. For the safety of the system at sea and maritime traffic, the agreement was drafted, wherever possible, in line with legislation applicable to ships that are permitted under Dutch law to fly the Dutch flag. For this reason, The Ocean Cleanup and the Ministry of Infrastructure and Water Management decided jointly to base this agreement on the provisions of Part XIII of UNCLOS. By applying the UNCLOS provisions on marine scientific research by analogy, the Netherlands can sufficiently fulfil its duty of care and provide for a recognisable context in the international arena.
Legal Framework. As noted above, the design of the system to be deployed by The Ocean Cleanup is unique. It is a floating barrier that is not equipped with any mechanical means of propulsion and therefore cannot navigate or correct its course autonomously. However, the movements and status of each system will be monitored from land. The system will be towed from a port to its destination by ship, after which it will float on the water under the influence of currents and the wind. Given the system’s uniqueness, it is not immediately apparent what the applicable regulations are. Various options have been explored to enable the Netherlands to fulfil its duty of care. It was concluded that no ready-made legal framework exists. For the safety of the system at sea and maritime traffic, the agreement was drafted, wherever possible, in line with legislation applicable to ships that are permitted under Dutch law to fly the Dutch flag. For this reason, The Ocean Cleanup and the Ministry of Infrastructure and Water Management decided jointly to base this agreement on the provisions of Part XIII of UNCLOS. By applying the UNCLOS provisions on marine scientific research by analogy, the Netherlands can sufficiently fulfil its duty of care and provide for a recognisable context in the international arena. UNCLOS contains rules for the placement of installations or equipment used for scientific research in the marine environment. However, the Convention does not include a definition of marine scientific research. It makes sense to address the activities to be conducted by The Ocean Cleanup, in as far as possible, along the lines of articles 238 et seq. XXXXXX and to elaborate upon those general xxxxxx- xxxx as far as possible in this agreement. The Convention also requires that the detailed elaboration and design of the project be such as to guarantee that every system is sufficiently safe8 and does not endanger shipping.9 The more administrative provisions applicable to marine scientific research may to some extent be inapplicable in this context, but this does not detract from the Netherlands’ duty of 8 Article 262 of the UN Convention on the Law of the Sea.