Mind the gap: Towards an equitable transfer of marine technology

This paper examines the equitable and inclusive transfer of marine technology as a cornerstone of distributive and procedural justice in the law of the sea. It situates technology transfer within the broader frameworks of science, capacity-building, and the right to science, highlighting their roles as mechanisms of benefit-sharing and human rights realization. Tracing historical developments from the Stockholm Declaration through UNCLOS and the BBNJ Agreement, the analysis highlights the evolution of technology transfer from a geopolitical tool of modernization to an ethical, justice-oriented process. The paper demonstrates how inequities in access to technology disproportionately affect developing states, marginalized communities, and coastal populations, while intellectual property regimes and weak implementation mechanisms continue to hinder equitable outcomes. By evaluating the normative contributions of UNCLOS, the more justice-sensitive provisions of the BBNJ Agreement, and the philosophical underpinnings of erga omnes obligations, the authors argue that technology transfer is not merely a discretionary policy choice but a duty rooted in global justice. Ultimately, the paper frames the transfer of marine technology as a transformative pathway to address historical imbalances, promote inclusive participation, and ensure sustainable ocean governance.