BBNJ 협정 수정초안의 CBTT 관련 규정의주요 내용과 쟁점

The BBNJ negotiations, which started in accordance with UN General Assembly Resolution 59/24 in 2004, went through nine Working Group meetings from 2006 to 2015 and four Preparatory Committee meetings from 2016 to 2017. After that, three Intergovernmental Conferences were held from 2018 to 2019, and the 4th Intergovernmental Conference, which had been postponed due to COVID-19, was held at the United Nations Headquarters in New York in March 2022. In accordance with General Assembly Resolution 72/249, the Conference will address the topics identified in the package agreed in 2011, namely the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, in particular, together and as a whole, marine genetic resources(MGRs), including questions on the sharing of benefits, measures such as area-based management tools(ABMTs), including marine protected areas, environmental impact assessments(EIAS) and capacity-building and the transfer of marine technology(CBTT). In this paper, I will review the main contents and issues that have been discussed in the four Intergovernmental Conferences so far, and suggest a proposal for a desirable provisions in the following negotiations. However, since the scope of the issues covered at the Intergovernmental Conferences is very broad, this article will focus on capacity building and maritime technology transfer issues. The technology transfer and capacity-building are important foundations for conservation and sustainable use of marine biodiversity in ABNJ. ICBTT, one of the key issues being addressed in the BBNJ negotiation process, is actually a essential elements and enabler of key issues related to the other three issues: MGAs, ABMTs, EIAs. In short, the other three main issues of the BBNJ Agreement will not be realized without adequate capacity building and technology transfer. Therefore, in this paper, I analyzed the contents, related issues, and each country’s position on the main provisions of the ‘2019 Revised Draft Text’, which is very important for effectively achieving the objectives of the BBNJ Agreement. Therefore, I will suggest the CBTT-related provisions necessary to effectively achieve the objectives of the BBNJ Agreement. The ‘2019 Revised Draft Text’ is stipulated in six articles (Articles 42 to 47) with the title of ‘Capacity-Building and Transfer of Marine Technology’ in Chapter 5 (Part V) on CBTT. Key issues related to the CBTT are whether the objectives of the CBTT is to be set out separately in Agreement, whether the cooperation, modalities, monitoring and review of the CBTT is mandatory or voluntary, whether a list of types of CBTT will be included in the treaty text or annexes, and whether to authorize periodic additions to the Conference of the Parties(COP).