The BBNJ Agreement and its (potential) contributions to the transfer of marine technology

Júlia Schütz Veiga, Nilufer Oral (Editor/Coordinator), Tara Davenport (Editor/Coordinator), Carlos Esposito (Editor/Coordinator)

Research output: Chapter in Book/Report/Conference proceedingChapter


Objectives: Through a bibliographical and doctrinal analysis, the chapter analyses the evolution of marine technology transfer rules to ensure that states meet their international obligations regarding protecting and preserving the ocean. To achieve its objective, the research delves into analysing states’ discourse in developing such rules within the international law of the sea fora. This project focuses on the UNCLOS and the timely debate on the High Seas Treaty, considering their value to the object of the research.
Methodology: The information collected will be analysed from the Third World of International Law (TWAIL) approach to identify patterns in the discourse of developed and developing states and highlight the difficulties in implementing the transfer of marine technology rules. To support the discourse assessment, the investigation will utilise recognised doctrine.
Results: In the process of conducting the research, it was possible to conclude that (i) there is common sense that the transfer of marine technology is indispensable to implement rules on the protection and preservation of the marine environment; (ii) there are strong commonalities in the states’ discourses, stressing polarisation both in UNCLOS and BBNJ; (ii) BBNJ’s final text has the potential to advance the implementation of marine technology transfer rules.
Contributions: This study highlights the advances in the legal framework on technology transfer with the finalisation of BBNJ. In addition to highlighting the persistence of inequity among states, the research also identifies whether the needs of developing states, as expressed in their written submissions and oral arguments, were reflected in the final text.
Original languageEnglish
Title of host publicationCambridge Handbook on the Law of the Sea
EditorsTara Davenport, Carlos Esposito, Nilufer Oral
PublisherCambridge University Press
Publication statusAccepted/In press - 2023


  • marine technology
  • transfer of marine technology
  • capacity-building
  • Law of the Sea


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