How can marine technology transfer achieve climate justice? Systemic integration of the BBNJ and TRIPS regimes

The entry into force of the BBNJ Agreement introduces a normative conflict between the equitable mandates of marine technology transfer and the exclusionary intellectual property rights protected by the TRIPS Agreement. This structural fragmentation obstructs the technological capacity of developing states to fulfill their due diligence obligations for climate justice. Resolving this conflict necessitates the methodology of systemic integration under Article 31(3)(c) of the Vienna Convention on the Law of Treaties. By treating the BBNJ Agreement as a relevant normative context, the interpretation of TRIPS flexibilities is theoretically reconstructed to prioritize environmental survival over private exclusivity. Operationalizing this integration relies on specific legal mechanisms. The hermeneutic reconstruction of TRIPS public interest exceptions provides a legal basis for mandatory licensing of critical climate technologies. Furthermore, linking the BBNJ Standardized Batch Identifier to patent disclosure systems, combined with a Punitive Royalty Offset Mechanism, neutralizes the commercial benefits of concealing genetic data. Additionally, the establishment of a Global Green Technology Transfer Box utilizes structured tax incentives to subsidize technology access for vulnerable nations. Concurrently, the Environmental Impact Assessment framework functions as an indirect regulatory forcing tool to mandate the use of the best available technology. Together, these mechanisms establish a pragmatic legal pathway to ensure that private patent monopolies do not impede the technological diffusion necessary for global climate justice.