Capacity-Building and the Transfer of Marine Technology

Introduction

Capacity-building and transfer of marine technology is one of the substantive elements of the BBNJ Treaty that countries decided was an essential part of fostering conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Other three substantive elements are: marine genetic resources, including the fair and equitable sharing of benefits, area-based managment tools, including marine protected areas, and environmental impact assessments.

Ref. United Nations General Assembly Resolution A/RES/72/249

How important is capacity-building and the transfer of marine technology in the BBNJ Treaty?

The BBNJ Treaty, in its Preamble, captures the importance of capacity-building and the transfer of marine technology as follows:

Recognizing also that support for developing States Parties through capacity-building and the development and the transfer of marine technology are essential elements for the attainment of the objectives of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (emphasis added).

While capacity-building and the transfer of marine technology element has its stand-alone part in the BBNJ Treaty, providing capacity-building and the transfer of marine technology is embedded throughout the Treaty.

Ref. BBNJ Treaty Preamble

For more information about the Preamble, visit the page here.

What is capacity-building and the transfer of marine technology?

Since the BBNJ Treaty will be in effect for decades to come, the negotiators aimed to "future proof" the Treaty, including the requirements on capacity-building and transfer of marine technology. Due to the unpredictable nature of technology development and needs of Parties, especially developing States, the obligations associated with capacity-building and the transfer of marine technology was drafted to be flexible.

The BBNJ Treaty defines tranfer of marine technology as:

...includes, inter alia, information and data, provided in a user-friendly format, on marine sciences and related marine operations and services; manuals, guidelines, criteria, standards, reference materials; sampling and methodology equipment; observation facilities and equipment for in situ and laboratory observations, analysis and experimentation; computer and computer software, including models and modelling techniques; related biotechnology; and expertise, knowledge, skills, technical, scientific and legal know-how and analytical methods related to the conservation and sustainable use of marine biological diversity.

While there is no definition of capacity-building, the Trearty identifies a broad non-exclusive list of the types of capacity-building and the transfer of marine technology in the body of the Treaty and a more detailed version in Annex II of the Treaty:

Capacity-building and transfer of marine technology initiatives may include, but are not limited to:

(a) The sharing of relevant data, information, knowledge and research, in user-friendly formats, including:

(i) The sharing of marine scientific and technological knowledge;

(ii) The exchange of information on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;

(iii) The sharing of research and development results;

(b) dissemination and awareness-raising, including with regard to:

(i) Marine scientific research, marine sciences and related marine operations and services;

(ii) Environmental and biological information collected through research conducted in areas beyond national jurisdiction

(iii) Relevant traditional knowledge of Indigenous Peoples and local communities line with the free, prior and informed consent of the holders of such knowledge;

(iv) Stressors on the that affect marine biological diversity of areas beyond national jurisdiction, including the adverse effects of climate change such as warming and deoxygenation, as well as ocean acidification;

(v) Measures such as area-based management tools, including marine protected areas;

(vi) Environmental impact assessments;

(i) The development and establishment of necessary infrastructure;

(ii) The provision of technology, including sampling and methodology equipment (e.g., for water, geological, biological or chemical samples);

(iii) The acquisition of the equipment necessary to support and further develop research and development capabilities, including in data management, in the context of activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, measures such as area-based management tools, including marine protected areas, and the conduct of environmental impact assessments;

(d) The development and strengthening of institutional capacity and national regulatory frameworks or mechanisms, including:

(i) Governance, policy and legal frameworks and mechanisms;

(ii) Assistance in the development, implementation and enforcement of national legislative, administrative or policy measures, including associated regulatory, scientific and technical requirements at the national, subregional or regional level;

(iii) Technical support for the implementation of the provisions of this Agreement, including for data monitoring and reporting

(iv) Capacity to translate and data into effective and efficient policies, including by facilitating access to and the acquisition of knowledge necessary to inform decision makers in developing States Parties;

(v) The establishment or strengthening of the institutional capacities of relevant national and regional organizations and institutions;

(vi) The establishment of national and regional scientific centres, including as data repositories;

(vii) The development of regional centres of excellence;

(viii) The development of regional centres for skills development;

(ix) Increasing cooperative links between regional institutions, for example, North-South and South-South collaboration and collaboration among regional seas organizations and regional fisheries management organizations;

(e) The development and strengthening of human and financial management resource capabilities and technical expertise through exchanges, research collaboration, technical support, education and training and the transfer of marine technology, such as:

(i) Collaboration and cooperation in marine science, including through data collection, technical exchange, scientific research projects and programmes, and the development of joint scientific research projects in cooperation with institutions in developing States;

(ii) Education and training in:

a. The natural and social sciences, both basic and applied, to develop scientific and research capacity;

b. Technology, and the application of marine science and technology, to develop scientific and research capacities;

c. Policy and governance;

d. The relevance and application of traditional knowledge of Indigenous Peoples and local communities;

(iii) The exchange of experts, including experts on traditional knowledge of Indigenous Peoples and local communities;

(iv) The provision of funding for the development of human resources and technical expertise, including through:

a. The provision of scholarships or other grants for representatives of small island developing States Parties in workshops, training programmes or other relevant programmes to develop their specific capacities;

b. The provision of financial and technical expertise and resources, in particular for small island developing States, concerning environmental impact assessments;

(v) The establishment of a networking mechanism among trained human resources;

(f) The development and sharing of manuals, guidelines and standards, including:

(i) Criteria and reference materials;

(ii) Technology standards and rules;

(iii) A repository for manuals and relevant information to share knowledge and capacity on how to conduct environmental impact assessments, lessons learned and best practices;

(g) The development of technical, scientific and research and development programmes, including biotechnological research activities.

Note that the COP has the obligation to review, assess and frther develop and provide guidance on the above list periodically, "to reflect technological progress and innovation and to respond and adapt to the evolving needs of States, subregions and regions." To that end, the COP will take into account of the recommendations of the capacity-building and transfer of marine technology committee.

Ref. BBNJ Treaty Art. 44, 45, and Annex II

What are the specific objectives of capacity-building and the transfer of marine technology?

The following is a summary of the objectives that are specific to capacity-building and transfer of marine technology:

Assist Parties, in particular developing States Parties, in implementing the Treaty to achieve its objectives;
Enable inclusive, equitable and effective cooperation and participation in the activities undertaken under the Treaty;
Develop the marine scientific and technological capacity, including with respect to research, of Parties, in particular developing States Parties, with regard to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through access to marine technology by, and the transfer of marine technology to, developing States Parties;
Increase, disseminate and share knowledge on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;
Support developing States Parties through capacity-building and the development and transfer of marine technology in achieving the objectives relating to:

Ref. BBNJ Treaty Art. 40

Is there an obligation to cooperate in capacity-building and transfer of marine technology?

Yes. There is an obligation for the Parties to cooperate at various levels and with a wide range of stakeholders.

Ref. BBNJ Treaty Art. 41

What are the modalities for capacity-building and the transfer of marine technology?

As a general matter, capacity-building and the transfer of marine technology will be “a country-driven, transparent, effective and iterative process that is participatory, cross-cutting and gender-responsive.” Identifying (through individual case-by-case, subregional or regional needs assessments) and meeting the needs and priorities of developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries are key aspects of the modalities for capacity building and the transfer of marine technology.

Ref. BBNJ Treaty Art. 42

Are there additional modalities for the transfer of marine technology?

Yes. The BBNJ Treaty includes additional modalities for the transfer of marine technology, which takes into consideration aspects, such as the terms of the transfer (i.e., fair and most favorable terms, including on concessional and preferential terms, and in accordance with mutually agreed terms and conditions as well as the objectives of the Treaty). It also includes other modalities considerations such as providing incentives to enterprises and institutions as well as to ensure that the marine technology is “appropriate, relevant and, to the extent possible, be reliable affordable, up to date, environmentally sound and available in an accessible form for developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries.”

Ref. BBNJ Treaty Art. 43

What is the capacity-building and transfer of marine technology committee?

The Treaty established a capacity-building and transfer of marine technology committee. The terms of reference and modalities for the operation of the committee will be decided by the Conference of the Parties at its first meeting. The committee will submit reports and recommendations for the consideration and action of the COP as appropriate. As with other committees, the members must possess appropriate qualifications and expertise. The members will serve objectively in the best interest of the Treaty in an advisory role. The members will be nominate by the Parties and elected by the COP.

Ref. BBNJ Treaty Art. 46