On the Legal Issues of International Technology Transfer in the Context of Climate Change
|School||Dalian Maritime University|
|Keywords||Climate Change International Technology Transfer UNFCCC Kyoto Protocol TRIPS Agreement|
Emissions of greenhouse gas and climate change have become hot topics that attract global attention in the present day. The issue of international technology transfer that is relevant with climate change also receives considerable publicity. The world eagerly promotes international cooperation and international treaties are signed in the global effort to mitigate climate change. However, the international treaties that deals with climate change are lacking in the financial security, operability and execution since the treaties are also somewhat unclear and indefinite. The dissertation, based on the problems and limitations in the international technology transfer that deals with climate change, seeks to improve relevant regulations for the benefit of the successful implementation of international technology transfer.To this end, the dissertation is divided into five parts. Part Ⅰ, depending on the definition of climate and climate, discusses the reasons that cause climate change. Then it gives the definition of international technology transfer and analyses the necessity of international technology transfer in the effort to mitigate climate change. Part Ⅱ talks about the background, regulations and influence of UNFCCC and Kyoto Protocol. It also analyses the binding force and three "flexible mechanisms" of the Protocol. Part Ⅲ introduces TRIPS Agreement and analyses the effect that compulsory licensing, restrictive business clauses and patent information disclosure system may bring on international technology transfer. Part Ⅳ, based on the analysis in the three former parts, compares the three international conventions on international technology transfer and gives some deficiencies of the contemporary conventions. Part Ⅴ, depending on the four parts above, express the author’s opinions on the basic principles of international technology transfer that deals with climate change and improvement of international technology transfer mechanism in UNFCCC, Kyoto Protocol and TRIPS Agreement. It puts forward some innovative ideas to promote international technology transfer that deals with climate change and countermeasures of China to mitigate climate change.