Coercitio

Drogula, Fred K.

doi:10.1002/9781444338386.wbeah13047

Cited by 1 publication

(1 citation statement)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…58 Environmental conservation therefore was seen as an instrument to perpetuate neocolonialism and continue the dependence on developing and least developed nations on developed nations. 59 A major issue is the patent protection available on new technologies, leading to potential abuse of monopoly and discouraging purchase and deployment of these technologies amongst masses that are on the lower end of the income inequality graph. 60 Concentration of ESTs in developed countries means that any licensing of these technologies in developing and least developed countries will largely drive flows of wealth in the direction of developed countries, further increasing income inequality at the global level.…”

Section: Need For Transfer Of Ests From the Perspective Of Climate Ju...mentioning

confidence: 99%

Transfer of ESTs in international law: A climate justice approach

Gupta,

Jadhav,

Ronald

2024

Environmental Law Review

View full text Add to dashboard Cite

Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.

show abstract

Section: Need For Transfer Of Ests From the Perspective Of Climate Ju...mentioning

confidence: 99%