The Legal Barriers to Technology Transfer under the UN Framework Convention on Climate Change

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.

Brings together a group of top scholars on the much-debated issue of the international transfer of climate technology from a law perspective Gathers Chinese and international scholars on the critical issue of clean technology development and cooperation in China Sheds light on China's legislation and practices on environmental protection, climate mitigation and adaptation based on technology solutions. Discusses the policies/laws concerning China's clean technology industry/market in a clear and comprehensive manner

Autorentext
Chen Zhou• Assistant Professor at the Law School of Xiamen University(China), Master Supervisor, with research interests in climate/energy laws, sustainable development policies and laws; and China's environmental law• PhD from the Tilburg Sustainability Center (TSC, Tilburg University, the Netherlands), with funding from the Chinese Scholarship Council (CSC); LL.M from the Law School of Wuhan University (China), Research Institute of Environmental Law (RIEL) • Trained in the New York University (NYU) Lawyer Program; UK Energy Centre (UKEC) Climate Change Negotiation Program; China's Meteorological Administration Climate Risk Disclosure Training Program. Recently completed training in the Asia Development Bank (ADB) Regional Capacity Development Technical Assistance in Asia-Pacific: Developing Environmental Law Champions Train-The-Trainer (TTT) Program; involved in academic visits and conferences in the USA, the UK, Germany, Switzerland, Belgium and Israel;• Secretary of the International Environmental Law Commission of the Chinese Environmental Law Association; Member of the Environmental Law Review Editors Committee and the China European Law Association.

Inhalt
Introduction.- The Legal Framework of Climate Change-related Technology Transfer.- Instrumental Barriers to Supplying Climate Sound Technology.- Instrumental Barriers to Receiving Climate Sound Technology.- Chinese Legislation and Practices in Climate Sound Technology Transfer.- Conclusion.