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

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.