Commentary - the 1982 United Nations Convention the Law of the Sea and the agreement on implementation of part XI - Law of the Sea Convention

US Department of State Dispatch, Feb, 1995

Europe (13): Andorra, Austria, Belarus, Czech Republic, Holy See, Hungary, Liechtenstein, Luxembourg, F.Y.R.O.M.(1), Moldova, San Marino, Slovakia, Switzerland

South America (2): Bolivia, Paraguay.

OTHER RIGHTS OF LAND-LOCKED STATES AND GEOGRAPHICALLY DISADVANTAGED STATES Articles 69-71, 160-161, 254, 266,269,272) Several articles in the Convention require that specific consideration be given to land-locked and geographically disadvantaged States. Article 70(2) defines a geographically disadvantaged State (GDS) as one which either can claim no EEZ of its own, or one whose geographical situation makes it dependent upon the exploitation of living resources in the EEZs of other coastal States in its region or subregion. The articles relating to access to fisheries are discussed above in connection with living marine resources.

The Assembly of the Authority is to consider problems of a general nature in connection with activities in the Area arising in particular for developing States, particularly for land-locked States and geographically disadvantaged States (article 160(1)(k)).

Article 254 provides for land-locked States and GDS to be given the opportunity to participate in marine scientific research in areas off neighboring coastal States. Articles 266,269 and 272 further call upon States, either directly or through competent international organizations, to endeavor to promote the development of marine scientific and technological capacity through programs of technical cooperation with land-locked States and geographically disadvantaged States.

DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY (Part XIV, Articles 266-278)

Part XIV of the Convention is largely declaratory of policy and imposes few specific obligations. It will not compel any change in U.S. practices or policy. It encourages States to promote the development and transfer of marine technology, particularly in relation to achieving more widespread participation in and benefit from marine scientific research activities covered in Part XIII. Technology transfer regarding deep sea-bed mining was discussed above, except for articles 273-275, which are discussed below.

Article 266 urges States to cooperate in accordance with their capabilities in promoting development and transfer of marine science and technology on fair and reasonable terms and conditions, as well as to promote the marine scientific and technological capacity of States, particularly developing countries, which may need and request assistance in this field. In promoting such cooperation, States are to have due regard for the rights and duties of holders, suppliers and recipients of marine technology.

Article 268 lists basic objectives to be promoted by States, directly or through competent international organizations. These include the acquisition, evaluation and dissemination of marine technological knowledge and facilitation of access to data and information; the development of appropriate marine technology, as well as of the infrastructure to facilitate transfer of marine technology; and the development of human resources through training and education of developing country nationals. In that regard, the IMO has established the World Maritime University in Malmo, Sweden, and the International Maritime Law Institute in Malta.