The Role of Private Standards in the Introduction of Scientific Knowledge into the UNCLOS

In contemporary society, legal rules are expected to be based on current scientific knowledge; the rules of international law, including the law of the sea, are no exception. However, introducing the foundation of scientific knowledge into the law of the sea, and specifically the United Nations Convention on the Law of the Sea (referred to here as “UNCLOS” or “the Convention”, is a challenge that demands attention to the role of private standards, which are often at the forefront of the development of scientific knowledge. This paper examines how private standards incorporate and apply scientific knowledge under the provisions of the UNCLOS. Currently, in accordance with the Convention, two options seem possible to allow this: one is the way to interpret some provisions of the UNCLOS as referring to the standards; and the other is the way to refer to private standards when confirming the scientific character of the Convention. Given the developing nature of marine science, and the significant influence it could have on the law of the sea, the introduction of private standards for incorporating and applying scientific knowledge in the context of the UNCLOS is imperative.