Abstract
Kyoto Protocol has several provisions and established mechanisms concerning technology transfer which is supposed to favoring technology transfer for reducing the emission of greenhouse gases (GHG) in the world. However, mainly due to the flaws of the provisions and mechanisms, the environmentally sound technologies have not been transferred as smoothly as possible to realize the Kyoto Protocol’s objectives. Therefore, the international community shall take the effectiveness of Kyoto Protocol as a fresh impetus to consummate the legal system of international technology transfer, that is, developing a uniform technology transfer agreement under the WTO with a focus on promoting environmentally sound technology, which may make the developing countries to acquire the technologies they need under the fair conditions and help them build their capacities to develop in a sustainable manner. China does not need to perform the obligation of reducing GHG emission until 2013 according to Kyoto Protocol, but precautions shall be taken to improve its legal systems on technology transfer to make preparations for implementing the policy of scientific development and playing roles in related international legislation.
Highlights
Environmental protection, sustainable development and technology transfer are closely correlated with each other
The international community, with much effort, has created the Kyoto Protocol (Note 1) which aims at reducing the emission of greenhouse gases (GHG). (Note 2) it is regarded as an international agreement for the first time binding wealthy countries to specific cuts in GHG emissions by some scholars, (Note 3) in my opinion, the more important obligation for wealthy countries is to transfer environmentally sound technologies to poorer countries
The legal institutions for international technology transfer existing before the Protocol have not worked as well as they might to reach an objective of slowing down and reducing GHG emissions, but there are more definite provisions and mechanisms concerning technology transfer in the Protocol
Summary
The Doha Ministerial Conference, held in 2001, listed development as the core theme of the Doha Round negotiations. Technology transfer, as the key to development, has become the talisman. Pure commercial methods are often unsuitable for emission reduction technologies. Developing countries cannot be expected to acquire and apply these technologies by paying “fair” market prices. Environmentally sound technologies can be spread through regular commercial transactions there are obstacles and risks accompanying such transfers owing to insufficient legal protection, inadequate regulations and the lack of a robust institutional framework. Governments should work to cultivate favourable circumstances for the transfer of technology, using both private and public entities, through their economic policies and legislation concentrating on transparency and stability. Joint-venture companies and commercial industries should be encouraged to promote environmentally sound technologies by favourable legislative conditions
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