{"title":"技术转让与气候变化:跨国法分析","authors":"Nicolás M. Perrone, Nicole Selamé Glena","doi":"10.1080/20414005.2023.2171997","DOIUrl":null,"url":null,"abstract":"ABSTRACT The role of technology transfer in climate change negotiations is vital. If technology is to help mitigate and adapt to climate change, the international community needs to ensure sufficient innovation and technology transfer. This article concentrates on the existing legal mechanisms that seek to ensure environmentally sustainable technologies are developed and available where needed. It problematises dominant international and public law frameworks, favouring instead a transnational lens that highlights the market, hybrid and non-market approaches to technology transfer. This conceptual framework allows one to focus on how states, international organisations and corporations shape this area of the law. Ultimately, the article presents the claim that discussions about technology transfer reflect a broader struggle, as the shift from fossil fuels to green energy opens up space to reconsider how one thinks about technology, intellectual property rights, dependency, and the role of the state.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"261 - 286"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Technology transfer and climate change: a transnational law analysis\",\"authors\":\"Nicolás M. Perrone, Nicole Selamé Glena\",\"doi\":\"10.1080/20414005.2023.2171997\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The role of technology transfer in climate change negotiations is vital. If technology is to help mitigate and adapt to climate change, the international community needs to ensure sufficient innovation and technology transfer. This article concentrates on the existing legal mechanisms that seek to ensure environmentally sustainable technologies are developed and available where needed. It problematises dominant international and public law frameworks, favouring instead a transnational lens that highlights the market, hybrid and non-market approaches to technology transfer. This conceptual framework allows one to focus on how states, international organisations and corporations shape this area of the law. Ultimately, the article presents the claim that discussions about technology transfer reflect a broader struggle, as the shift from fossil fuels to green energy opens up space to reconsider how one thinks about technology, intellectual property rights, dependency, and the role of the state.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"13 1\",\"pages\":\"261 - 286\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2023.2171997\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2023.2171997","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Technology transfer and climate change: a transnational law analysis
ABSTRACT The role of technology transfer in climate change negotiations is vital. If technology is to help mitigate and adapt to climate change, the international community needs to ensure sufficient innovation and technology transfer. This article concentrates on the existing legal mechanisms that seek to ensure environmentally sustainable technologies are developed and available where needed. It problematises dominant international and public law frameworks, favouring instead a transnational lens that highlights the market, hybrid and non-market approaches to technology transfer. This conceptual framework allows one to focus on how states, international organisations and corporations shape this area of the law. Ultimately, the article presents the claim that discussions about technology transfer reflect a broader struggle, as the shift from fossil fuels to green energy opens up space to reconsider how one thinks about technology, intellectual property rights, dependency, and the role of the state.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.