The Legal Barriers to Technology Transfer under the UN Framework Convention on Climate Change: The Example of China

Description

The book discusses climate technology transfer under the UNFCCC framework, and China’s relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future. The issues concerned involve two of the most dynamic areas in current China’s lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China’s legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime. This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China’s intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context. Front Matter ....Pages i-xii Introduction (Chen Zhou)....Pages 1-27 The Legal Framework of Climate Change-Related Technology Transfer (Chen Zhou)....Pages 29-66 Instrumental Barriers to Supplying Climate Sound Technology (Chen Zhou)....Pages 67-109 Instrumental Barriers to Receiving Climate Sound Technology (Chen Zhou)....Pages 111-138 Chinese Legislation and Practices in Climate Sound Technology Transfer (Chen Zhou)....Pages 139-241 Conclusion (Chen Zhou)....Pages 243-260 Back Matter ....Pages 261-274