Responsabilité sociétale et développement durable

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The effectiveness of Kyoto Protocol and the legal institution for international technology transfer

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Abstract  
Kyoto Protocol has certain provisions concerning environmentally sound technologies (ESTs) transfer, primarily including the direct provisions, the clean development mechanism and the fund mechanism, which are supposed to favor technology transfer for reducing the emission of greenhouse gases (GHG) in the world. However, mainly due to the flaws of these provisions, ESTs 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, to develop a uniform technology transfer agreement under the WTO with a focus on promoting ESTs transfer, which may make the developing countries to acquire the technologies they need under the fair terms and help them build their capacities for sustainable development. China does not need to perform the obligation of reducing GHG emissions 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 significant roles in related international legislation.

  • Content Type Journal Article
  • Pages 1-23
  • DOI 10.1007/s10961-010-9190-7
  • Authors
    • Zhong Fa Ma, School of Law, Fudan University, Shanghai, China

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