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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
- Journal The Journal of Technology Transfer
- Online ISSN 1573-7047
- Print ISSN 0892-9912