Tag Archives: technology transfer

Poverty Alleviation and Environmental Sustainability through…Technology Transfer (K. Bosselmann)

Author

Klaus Bosselmann

Keywords

Clean development mechanism; climate change; environmental sustainability; environmentally sound technology; intellectual property rights; millennium development goals; multilateral environmental agreements; poverty alleviation; technology transfer

Abstract

To achieve the Millennium Development Goals, international technology transfer can play a major role for poverty alleviation and environmental sustainability. At present, there are economic, social and legal (rather than technical) barriers preventing the transfer of environmentally sound technology (EST) from a wider use in international regimes. Removing these barriers requires greater political and regulatory efforts both domestically and internationally. To enable EST transfer, developed States need to improve domestic market conditions such as removal of negative subsidies and barriers to foreign investment, targeted fiscal incentives and law reforms favouring sustainable production and use of energy. There is no realistic perspective for international EST transfer as long as it is disadvantaged domestically. A coherent EST transfer regime is only possible through greater governmental intervention at the national and international level, including environmental regulations, national systems of innovation, and creating an enabling environment for EST. Such intervention should include effective public-private partnerships, both within and between States. Partnerships, if guided by law, could ensure EST innovation more efficiently than purely State-driven or market-driven EST transfers. In search for a model, the EST transfer regime under the Vienna Ozone Layer Convention and the Montreal Protocol deserves recognition. For example, the clean development mechanism under the Kyoto Protocol allows for considerable scope for EST transfer. The potential of EST transfer for climate change and for meeting the Millennium Development Goals has yet to be realized.

Citation

(2006) 2(1) Law, Environment and Development Journal 19

Paper

Poverty Alleviation and Environmental Sustainability through Improved Regimes of Technology Transfer

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Environment, Human Rights and International Trade (F. Francioni)

Author

Francesco Francioni

Keywords

Uruguay Round; International trade law; WTO process; GMOs; biosafety; intellectual property rights; technology transfer; environmental protection; trade and labour rights; child labour standards

Abstract

After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO, the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consequence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.

Citation

Francesco Francioni, Environment, Human Rights and International Trade (Hart, 2001)

Book

Environment, Human Rights and International Trade

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