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Title: Insights for Climate Technology Transfer from International Environmental and Human Rights Law
Authors: Bouwer, Kim
Keywords: Kyoto Protocol;Technology Mechanism;Intergovernmental Panel on Climate Change;Paris Agreement;Technology Framework;Nationally Determined Contributions;UNFCCC;Universal Declaration on Human Rights;International Treaty on Plant Genetic Resources for Food and Agriculture;The Covenant on Economic;Social and Cultural Rights;Technology transfer;Benefit sharing;Inter-state technology transfer obligations
Issue Date: Jan-2018
Publisher: NISCAIR-CSIR, India
Abstract: The transfer of technologies to support the development of low-carbon pathways - that are fundamental for the mitigation of climate change - is frequently claimed to be hindered by the protection afforded by intellectual property rights. However, there are arguably further complexities involved in the development, receipt and operation of technologies that discourage the implementation of crucial mitigation processes. This paper challenges the notion of “transfer” of technology under the international climate change regime, in light of the recognition of a focus on needs and cooperative approaches in that context. The paper analyses any unidirectional concepts behind the idea of ‘transfer, building on the human right to science and the notion of fair and equitable benefit-sharing, which is a component thereof. The paper concludes with a series of considerations arising from international human rights and environmental law that could be taken into account in the ongoing negotiations on technology transfer under the international climate change regime.
Page(s): 7-21
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.23(1) [January 2018]

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