ABSTRACT

This chapter aims to explain the interactions between law and science, by putting those interactions in the context of Luhmann's systems theory. Luhmann's systems theory may help explain how law and science interact or aim to interact within the context of the law of the sea. Law and science are two different creatures. Law, on the one hand, favors stability and predictability and is generally of normative character, prescribing how society ought to function. On the other hand, science is based upon the premises of innovation and change and is of descriptive character, describing how the world actually functions. There are many scientific references in the United Nations Convention on the Law of the Sea (LOSC). These can either be explicit references, implicit references or ‘borrowed’ references. The chapter looks at where and how the LOSC refers to science, how it is influenced by scientific developments and how it regulates the conduct of science.