Transfer of Technology in Space: Can the UN Convention on the Law of the Sea serve as a trailblazer?

Paper number

IAC-07-E6.5.18

Author

Ms. Angeline Asangire Oprong, Germany

Year

2007

Abstract

Transfer of Technology is significant in exploration ventures therefore calls for systematic way of governing it.  Space fairing nations, organisations and institutions are keen to develop mechanisms within which technology can be effectively transferred.   In most cases, there exists a legal framework governing the Transfer of Technology at national and institutional levels.   At the international platform, the 1967 Outer Space Treaty  inter alia treaties and conventions governing Space Law,  posses provisions addressing Transfer of Technology in space exploration.  However, the provisions, apart from being vague and fragmented, are not comprehensive enough to conclusively govern the Transfer of Technology hence considered as a hindrance to the smooth operation of Transfer of Technology in space affairs. 
The Law of the Sea, which shares substantial similarities with Space Law, is fairly advanced in Transfer of Techonology issues in terms of the international legal framework.  Part XIV  1982 UN Convention on the Law of the Sea  lays down an explicit comprehensive legal regime governing Transfer of Marine of Technology that could set as a leading example, if not a starting point for the space law equivalent, aside from challenges faced by the former Convention’s implementation.
In lieu of the foregoing, this paper seeks to expose inhibitions to effective Transfer of Technology in space exploration caused by the scattered nature of the provisions pertaining to Transfer of Technology in the Principle Space law legal instruments.  It will also highlight the benefits of establishing a harmonised, all-inclusive legal regime in this regard.  The paper will borrow a leaf from the successes of systematic norms of the Law the Sea Convention in the sphere of Transfer of Technology, lessons to be learned from the failures of the Law of the Sea Convention, and problematic areas to be evaded.  The final output will be a way-ahead proposal for a legal instrument and/or provisions with a comparable effect of Part XIV of the Law of the Sea Convention, specifically tailored to the peculiarities of the Transfer of Technology in International Space Law and Policy. 

Abstract document

IAC-07-E6.5.18.pdf

Manuscript document

IAC-07-E6.5.18.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.