How to Define “Technology Transfer in Intellectual Property” in the United Nations Convention on the Law of the Sea A New Law and Development Perspective

Abstract

The United Nations Convention on the Law of the Sea fails to define the term and means of technology transfer, yet encourages developed states to transfer their technology to developing countries, for the purpose of development. This implies that it encourages development-friendly technology transfers and discourages other technology transfers, which might hinder development of recipient countries. This study adopts the approach of law and development to define development-friendly technology transfers and explain the methods by which both developing and developed countries cooperate for technology transfer. In so doing, this study aims to employ the field of law to define development-friendly “technology transfers” in the United Nations Convention on the Law of the Sea. Further, it explains the methods by which both developing and developed countries cooperate for technology transfer, as it relates to the marine area.