Московский журнал международного права (Oct 2022)
«Marine Technology»: Content of the Term under the 1982 UN Convention on the Law of the Sea
Abstract
INTRODUCTION. Adopted at the end of the 20th century and amidst the need to address the most pressing challenges at the time to regulate international relations in the World Ocean (delimitation of maritime spaces, ensuring equal access of states to ocean resources etc.), the 1982 UN Convention on the Law of the Sea is an example of a legal text, some basic provisions of which require further interpretation. In addition to globalization trends reflected in the development of international law of the sea, the transformation of general international law, environmental law and research carried out under Sustainable Development Goal 14 ("Conserve and sustainably use the oceans, seas and marine resources for sustainable development") entail the need for further clarification of the content of those terms used to regulate certain aspects of international law of the sea. During the last decade, the term "marine technology" has gained relevance inview of the increasing technological exchange and cooperation among States. At the same time, the lack of legal interpretation of the original term in the UN Convention of 1982 presents a problem, making it difficult to transfer marine technology as well as to define those technologies that can be attributed to marine technology. The purpose of this study is to analyze the legal content of the term "marine technology" under the UN Convention on the Law of the Sea, 1982, on the basis of the applicable international legal sources. The study includes a historical and legal analysis, an analysis of the applicable international legal literature as well as the content of the researched provisions of the 1982 UN Convention on the Law of the Sea in the context of the development of general international law and international jurisprudence. In addition to a direct definition of the term "marine technology", the article also analyses related concepts ("accessibility", "promotion", "related technology", etc.) used in international legal instruments and literature. MATERIALS AND METHODS. This study is based on the analysis of the 1982 UN Convention on the Law of the Sea. Supporting sources were also used in the analysis, such as the UN GA resolution A/RES/69/245 of 2014 on the need to increase opportunities for the transfer of marine technological potential, "Criteria and Guidelines for the transfer of marine technology" of the Intergovernmental Oceanographic Commission of UNESCO, as well as international legal literature. RESEARCH RESULTS. The study analyzed the meaning of the term"marine technology" under the applicable provisions of the 1982 UN Convention on the Law of the Sea; identified and gave a definition to a number of related terms used within the context of development, transfer and operation of marine technology; as well as identified and substantively defined the needfor distinguishing of the legal terms and clarifying their content in order to ensure greater efficiency of the applicable provisions of the 1982 UN Convention on the Law of the Sea. DISCUSSION AND CONCLUSIONS. Within the present study, the author traces the evolution of the content of the term "marine technology", analyzes its content and concludes that the scope of this term has been clarified in the context of the modern ecologisation of international legal consciousness. In this context, "marine technology" includes not only the means and tools for the extraction of marine resources and minerals from the seabed, but also, inter alia, a set of technological solutions aimed at ensuring the implementation of the concept of sustainable development in the course of economic activities at sea.
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