Cooperation on Capacity-Building and the Transfer of Marine Technology: An Interpretation of Article 41 under the BBNJ Agreement

Cooperation mechanism on capacity-building and the transfer of marine technology (CBTMT) under the BBNJ Agreement, is pivotal for enabling inclusive, equitable, and effective cooperation and participation in the activities undertaken, thereby assisting Parties-in particular developing State Parties-in implementing the Agreement. Article 41 established cooperation norms on CBTMT through three pillars: mandatory cooperation obligations, cross-sector partnerships, and differentiated cooperation process. These provisions aim to safeguard developing countries’ interests while advancing the global governance framework for the sustainable use and conservation of marine biodiversity. However, compromises during the negotiations of the BBNJ Agreement introduce challenges in implementation, primarily due to the reluctance of developed countries and other stakeholders to engage fully into cooperative efforts, coupled with the power inequality among the Parties. This paper proposes a legal analysis framework to address these challenges and enhancing the efficacy of CBTMT cooperation under the BBNJ Agreement.