Revista Opinião Jurídica (Dec 2021)
PROMOTING THE DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGIES AS A MECHANISM FOR IMPLEMENTING THE SUSTAINABLE DEVELOPMENT GOALS: INTERNATIONAL LEGAL ASPECT
Abstract
Objective:We seek to understand the definition of marine technologies, placing it in the historical context of narratives of international law of the sea. We seek to analyze the criteria, conditions and principles of their transfer and the international legal framework and interstate practice. We seek to investigate the international legal regulation of the development and transfer of marine technologies in legal research. The authors consider the importance of facilitating the transfer of marine technology in relation to promoting marine scientific research which is reaffirmed by international agreements, including the Rio+20 outcome document: The future we want, and the outcome document of the third International Conference on Small Island Developing States as well as discussions on the Sustainable Development Goals, numerous UN General Assembly resolutions. Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. Results: We found out that despite the fact that the UNESCO IOC Guidelines have clarified a number of provisions of the 1982 UN Convention on the Law of the Sea concerning the development and transfer of marine technologies, this document needs revision. In particular, it is necessary to specify the criteria and terms for the transfer of marine technologies to both developed and developing states. It is not clear from the text of the document which technologies should be transferred free of charge or at a reduced cost to developing states and states with an unfavorable geographical position. We also point out the as part of the implementation of SDG 14, the Intergovernmental Oceanographic Commission is charged with elaborating research capacity in marine scientific research and optimizing the transfer of marine technology to developing and least developed states. The research indicates that the modern international legal framework needs a revision. Contributions: Following a review of the content, we raised possible problems, strategies, suggestions and guidelines for the marine technologies.The authors come to the conclusion that promoting the development and transfer of marine technologies to developing states and states with an unfavorable geographical position is not only consonant with the SDGs, but is also one of the mechanisms for their implementation. The authors encourage the complement to the international legal regulation of the transfer and development of marine technologies.
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