Technology Transfer

KEYWORDS — TECHNOLOGY TRANSFER

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Technology transfer provisions remain in UNCLOS and will act as a deterrent to further research and investment

The problem of intellectual property protections was supposedly solved in the 1994 agreement, but it is vague, and the Authority’s latent powers remain to make it a continuing issue. Sponsoring states are still required to facilitate technology transfer “if the Enterprise or developing states are unable to obtain” the advanced equipment commercially. Thus, if a contractor develops a breakthrough mining technology, it will be compelled to sell it commercially to rivals or face the prospect of giving it away to the Enterprise (a direct competitor) and developing states. Neither of these options will be attractive to an entrepreneurial company, thereby further deterring investment in deep sea mining Research and Development. (Defense technology transfers are also a concern, but beyond the scope of this study.

 

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Murray, Iain. LOST at Sea: Why America Should Reject the Law of the Sea Treaty . National Center for Policy Analysis: Washington, D.C., March 2013 (20p). [ More (9 quotes) ]
Technology transfer is no longer a threat to U.S. corporations but the loss of competitiveness from remaining outside of UNCLOS is

Lastly, U.S. companies are not subject to the mandatory technology transfer requirements of Article 5 of Annex III of UNCLOS.213 As a result of Implementation Agreement, Section 5 of the treaty has been replaced by a set of general principles relating to technology transfers with a developing Member State.214 Furthermore, the treaty includes language to prevent technology transfers in the event it poses a national security risk to the U.S.215 Article 302 states: “[N]othing in this Convention shall be deemed to require a State Party, in the fulfillment of its obligations under this Convention, to supply information the disclosure of which is contrary to the essential interests of its security.”216

Only through the ratification of UNCLOS will the U.S. be able to truly provide American companies with the support and competitive edge that they have been craving for three decades.217 Without the risk of mandatory technology transfers, U.S. companies have nothing to lose and much to gain from the stability and predictability UNCLOS provides.218 To avoid losing American jobs to foreign locations like the U.K., the U.S. needs to accede to UNCLOS to help foster a deep seabed mining industry for U.S. companies and create jobs in this potentially lucrative and emerging industry.219

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Tong, Randy W. "It’s Time to Get Off the Bench: The U.S. Needs to Ratify the Law of the Sea Treaty Before It’s Too Late ." The University of the Pacific Law Review. Vol. 48, No. 2 (2017): 318-341. [ More ]

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