Environmentally Sound Technologies; Transfers to Developing Nations: An Overview of the Legal Framework, Mechanisms, Barriers and the Flexibilities in Trade Laws for Transfers.

Abstract

This paper aims to present the necessity of apportioning low-carbon technologies to developing nations. A review is undertaken to determine the basis for the transfer of technology across borders and the international framework of laws and rules governing such transfer. The paper presents the mechanisms of the transfer of technology. The paper also reviews the factors that drive the transfer and the factors that hinder the shift of technologies to developing countries. The transfer of technology obviously takes place through trade. Therefore, the present paper reviews trade rules governing technology transfer. In this regard, this paper examines the nexus between climate law and trade law, flexibilities in the business rules and the impact of intellectual property protection to foster the transfer of technologies to developing countries, which ultimately results in Sustainable Development.