Московский журнал международного права (Jan 2022)
Some International Legal Issues in the Development and Transfer of Marine Technologies
Abstract
INTRODUCTION. In the second half of the 20th century, the expert was faced with a number of urgent tasks, in particular: ensuring access of states to living and nonliving resources of the World Ocean, protecting marine ecology, expanding the jurisdiction of states-states and delimiting maritime spaces. These problems became the official reason for convening the III Conference on the Law of the Sea. Also on the agenda of this conference is the issue of the transfer of marine technology. In the course of lengthy negotiations on the elaborated part XIV "Development and transfer of marine technologies" of the Convention on the Law of the Sea, which is used by the international legal regime for the transfer of marine technology. The author examines various international legal aspects of the problem of transfer of marine technologies, the importance of this institution for the international community. The purpose of the presented study is a comprehensive analysis of the international legal regime for the development and transfer of marine technologies based on the study of the relevant international legal acts and documents, identification of international legal problems. The main tasks are: identification of the prerequisites for the need for international legal regulation of the development and transfer of marine technologies, analysis of the provisions of the relevant international legal acts, consideration of the mechanism for the transfer of marine technologies developed by the UNESCO Intergovernmental Oceanographic Commission.MATERIALS AND METHODS. The basis of this study is the provisions of international legal acts in the field of maritime law, documents of the UNESCO Intergovernmental Oceanographic Commission in the field of transfer of marine technologies, as well as the works of domestic and foreign experts in the field of maritime law. Comparative legal analysis, formal legal, formal logical and systemic methods, methods of analysis and generalization were used as the main research methodology.RESEARCH RESULTS. As a result of the presented study, the prerequisites for the international legal regulation of the development and transfer of marine technologies were identified, the delineation of the areas of regulation of the UN Convention on the Law of the Sea, the Agreement on the Implementation of Part XI of the UN Convention on the Law of the Sea and the UNESCO IOC Criteria and Guidelines for the Transfer of Marine Technologies. A detailed analysis of the modern international legal regime for the development and transfer of marine technologies and the transfer mechanism developed by the UNESCO Intergovernmental Oceanographic Commission was carried out. A number of problems in the international legal regulation of this area have been identified, and ways to improve the efficiency of such regulation have been proposed.DISCUSSION AND CONCLUSIONS. In the course of the study, the author concludes that the mechanism of international legal regulation of the development and transfer of marine technologies needs further improvement, and the UNESCO Intergovernmental Oceanographic Commission Criteria and Guidelines for the Transfer of Marine Technologies require appropriate amendments and additions. The author not only identifies specific problems of the international legal regime for the development and transfer of marine technologies, but also suggests ways to solve them.
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