Rules and Facts on Low-Carbon Technology Diffusion

This chapter supplies an indepth factual understanding of the marketrelated determinants of lowcarbon technology (lct) diffusion, as well as the relevant developments in the climate and the trade legal regimes to date. In doing so, it facilitates a better understanding of the possible linkages between international trade and lct diffusion, also the implications of using the Common Concern doctrine in that regard. It begins with a brief, yet illuminating account (Section i) of the origins of technology transfer as a political agenda in the form of early attempts to negotiate a technology transfer code. Following the failure of the code negotiations, the unique expression of technology development and transfer is traced through the evolving, predominantly soft law framework of the climate regime (Section ii). It is then joined by a sweeping survey of empirical studies from various sources – to clearly understand and establish the role of markets, and economic instruments in facilitating lct diffusion (Section iii). Against the backdrop of this legal and empirical surveys, the chapter finally indulges into an assessment of the trade rules and practices pertaining to technology development and transfer (Section iv), helpful to later highlight the possible areas of action in the next chapter. Summary analyses appear at the end of each section, which then feed into the conclusion at the end of the chapter. The main contribution of this chapter is in supplying an uptodate and comprehensive regulatory and factual account – useful not only to substantiate later arguments, but also to update the reader on the current developments.