Technology Transfer for the High Seas: Potential Modalities for Technology Transfer Under the International Legally Binding Instrument

11 Pages Posted: 2 Jul 2020

See all articles by Stephen Minas

Stephen Minas

Peking University School of Transnational Law; A Dickson Poon Transnational Law Institute

Date Written: June 10, 2020

Abstract

The high seas, also known as areas beyond national jurisdiction (ABNJ), account for 64% of the total surface of the ocean, almost 90% of the ocean’s volume and 40% of the entire planetary surface. This vast environment increasingly bears the stamp of human economic activity, including shipping, fishing and prospecting for seabed resources. At the time time, the interrelated phenomena of climate change and ocean acidification are exerting new pressures on high seas biological diversity and habitats. There is an urgent and growing need to protect this environment. In recognition of these challenges, the UN General Assembly has launched a process to negotiate a new treaty for high seas protection; specifically, an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This process, the fruit of more than a decade of informal discussions, entered the intergovernmental negotiation phase in 2018. While much remains unclear about the contours of the emerging deal and its prospects for adoption, the mandate for negotiation identifies an integral role for technology. The four pillars of the planned agreement are marine genetic resources; area-based management tools; environmental impact assessments; and capacity-building and technology transfer. The necessity of greater international cooperation on marine technology transfer has been broadly recognised. The challenge of negotiating technology transfer rules and modalities are particularly great in the context of ocean governance, which has to date seen but limited implementation in this field.

Keywords: UNCLOS, BBNJ, technology transfer, law of the sea, high seas

JEL Classification: K32, K33

Suggested Citation

Minas, Stephen, Technology Transfer for the High Seas: Potential Modalities for Technology Transfer Under the International Legally Binding Instrument (June 10, 2020). Peking University School of Transnational Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3623984 or http://dx.doi.org/10.2139/ssrn.3623984

Stephen Minas (Contact Author)

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

A Dickson Poon Transnational Law Institute ( email )

London, England WC2R 2LS
United Kingdom

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