Who Owns the Ocean? Ensuring the Transfer of Marine Technology to achieve equity among states

The Informal Consultative Process, established in 1999, facilitates the UN General Assembly’s annual review of Ocean Affairs and the Law of the Sea. The twenty-second meeting, ‘New Maritime Technologies: Challenges and Opportunities’, occurred from 5 to 9 June at the UN Headquarters in NY. Invited to be a panellist, my talk focused on the transfer of marine technology (TMT) to promote equity among states in the Law of the Sea and Ocean Governance context. I emphasised the importance of cooperation and capacity-building in marine technology, especially for developing countries, to bridge the technology gap and gain equitable access to resources and benefits. 

During the presentation, I highlighted the establishment of the Committee on Capacity-Building and Transfer of Marine Technology (CBTT) as a significant milestone in international law, which occurred during the negotiations of the BBNJ agreement. I discussed the origins of the CBTT Committee, acknowledging the authors of the first proposal and their challenges in incorporating their aspirations into the draft text. I also emphasised the firm commitments expressed by all States in finalising the BBNJ agreement during the last session in March 2023, particularly on Chapter V. 

The presentation delved into the challenges and obstacles associated with technology transfer, such as intellectual property rights and private sector involvement. I suggested that the CBTT Committee could be crucial in facilitating responsible discussions within the intellectual property legal framework, exploring alternative solutions such as open-source technologies and sharing best practices. I also referred to Elinor Ostrom’s view on co-production, emphasising the importance of collaborative approaches to technology development and transfer. Lastly, I highlighted the importance of the committee’s role in identifying countries’ needs regarding access to new maritime technologies and evaluating ongoing capacity-building, development and marine technology transfer programmes. Are they short-, medium-, or long-term initiatives? How effective are they? 

In addition to addressing technology transfer, the presentation connected the issues of biodiversity loss and climate change impacts within the BBNJ framework. In this context, I opened questions on the possible role of intellectual property flexibilities, such as compulsory licensing, in promoting technology transfer to address climate change mitigation. In addition, initiatives such as the Eco-Patent Commons were highlighted as possible ways to encourage technology transfer and promote innovation in environmental sustainability. 

The main messages conveyed in the presentation emphasised the need to support the countries of the Global South in accessing and developing marine technologies. I stressed the importance of balancing public and private interests in technology transfer while ensuring that the current legal framework protects the rights and interests of technology providers and holders, taking into account national security concerns. I also emphasised the importance of involving human resources from the Global South in relevant positions and producing reports, ensuring diverse perspectives and expertise. 

In sum, my presentation provides insights into research on the transfer of marine technology, the creation of the CBTT Committee under the BBNJ Agreement, and the challenges and opportunities associated with technology transfer and intellectual property in the context of the BBNJ negotiations. It offers a nuanced understanding of the complexities and highlights possible avenues to promote equitable access to marine technology and address pressing environmental issues. 

At the end of the first round of presentations, I was in the spotlight, receiving questions regarding the correlation between the CBTT committee and the other mechanisms created by BBNJ, e.g. compliance committee and clearinghouse mechanism. I presented the CBTT committee as one of the pillars of BBNJ, so its work should be organised and carried out with strong influence and in harmony with the other bodies/mechanisms created. As the marine environment requires, the interconnectivity of the legal structures created (within and in line with external structures) must be understood and applied in a holistic and global vision. 

Author: Júlia Schütz Veiga

To learn more about the ICP Annual meeting, access https://www.un.org/depts/los/consultative_process/consultative_process.htm to check the recording and abstracts of the presentations. 

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