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Table of Contents
Intro; Acknowledgment; Contents; Abbreviations and Acronyms; Chapter 1: Introduction; 1.1 A Study of Climate Change-Related Technology Transfer and the Legal Barriers; 1.1.1 Overview; 1.1.2 Definition of the Problem; 1.1.3 Methodology; 1.2 Basic Concepts; 1.2.1 Technologies, Environmentally Sound Technologies (ESTs) and Climate sound Technologies; 1.2.2 Technology Transfer; 1.2.2.1 Technology Transfer in Traditional Business; 1.2.2.2 Climate Change-Related Technology Transfer; 1.3 Background: Climate Change-Related Technology Transfer; 1.3.1 Technology Transfer and Climate Change
1.3.2 The Theoretical Basis1.3.3 Practices and Trends; 1.4 Conclusion; Chapter 2: The Legal Framework of Climate Change-Related Technology Transfer; 2.1 Background: Rio Declaration and Agenda 21; 2.1.1 An Overview; 2.1.2 The Principle of Common But Differentiated Responsibilities; 2.1.3 The Principle of Cooperation; 2.1.4 Assessment; 2.2 Technology Transfer in the UNFCCC; 2.2.1 Technology Transfer Commitments; 2.2.1.1 The Commitments of All Parties; 2.2.1.2 The Commitments of Developed Country Parties; 2.2.1.3 The Commitments of Developing Country Parties; 2.2.2 Assessment
2.3 Technology Transfer in the Kyoto Protocol2.3.1 The Reaffirmation of the Commitment to Technology Transfer; 2.3.2 Innovative Measures to Technology Transfer; 2.4 Technology Transfer in the Post-Kyoto Proceedings; 2.4.1 The Bali Action Plan; 2.4.2 The Copenhagen Accord; 2.4.3 Recent Developments; 2.5 Conclusion; Chapter 3: Instrumental Barriers to Supplying Climate Sound Technology; 3.1 The Legal Barriers Confronting the Public Sector in Supplying Technology; 3.1.1 The Barriers Emerging in International Law; 3.1.1.1 Governmental Obligations to Supply Climate Sound Technology
3.1.1.2 Intellectual Property Rights (IPRs)3.1.1.2.1 Background: IPRs and Climate Change; 3.1.1.2.2 Assessing the Role of IPRs in Climate-Related Technology Transfer; 3.1.1.2.3 Options for Dealing with TRIPS; 3.1.2 The Barriers Emerging in National Law; 3.1.2.1 Inappropriate Protection Measures; 3.1.2.2 Inadequate Domestic Incentives; 3.2 The Legal Barriers Confronting the Private Sector in Supplying Technology; 3.2.1 Market-Based Barriers to Technology Transfer; 3.2.1.1 Restrictive Business Practices in Technology Trade; 3.2.1.2 Other Deficiencies in Technology Investment
3.2.2 Corporate Social-Environmental Responsibility (CSR)3.2.2.1 Overview; 3.2.2.2 The Legal Framework of Corporate Social Responsibility; 3.3 Conclusion; Chapter 4: Instrumental Barriers to Receiving Climate Sound Technology; 4.1 Background; 4.1.1 Summary of Developing Countries' Needs; 4.1.2 The Approach; 4.2 Weak Bargaining Power in the Climate Technology Transfer Negotiations; 4.2.1 Developing Countries in Climate Change Negotiations; 4.2.2 Climate Change-Related Technology Transfer Negotiations; 4.3 The Lack of Capacity for Climate Technology Transfer
4.3.1 The Lack of Capacity at the Macro Level
1.3.2 The Theoretical Basis1.3.3 Practices and Trends; 1.4 Conclusion; Chapter 2: The Legal Framework of Climate Change-Related Technology Transfer; 2.1 Background: Rio Declaration and Agenda 21; 2.1.1 An Overview; 2.1.2 The Principle of Common But Differentiated Responsibilities; 2.1.3 The Principle of Cooperation; 2.1.4 Assessment; 2.2 Technology Transfer in the UNFCCC; 2.2.1 Technology Transfer Commitments; 2.2.1.1 The Commitments of All Parties; 2.2.1.2 The Commitments of Developed Country Parties; 2.2.1.3 The Commitments of Developing Country Parties; 2.2.2 Assessment
2.3 Technology Transfer in the Kyoto Protocol2.3.1 The Reaffirmation of the Commitment to Technology Transfer; 2.3.2 Innovative Measures to Technology Transfer; 2.4 Technology Transfer in the Post-Kyoto Proceedings; 2.4.1 The Bali Action Plan; 2.4.2 The Copenhagen Accord; 2.4.3 Recent Developments; 2.5 Conclusion; Chapter 3: Instrumental Barriers to Supplying Climate Sound Technology; 3.1 The Legal Barriers Confronting the Public Sector in Supplying Technology; 3.1.1 The Barriers Emerging in International Law; 3.1.1.1 Governmental Obligations to Supply Climate Sound Technology
3.1.1.2 Intellectual Property Rights (IPRs)3.1.1.2.1 Background: IPRs and Climate Change; 3.1.1.2.2 Assessing the Role of IPRs in Climate-Related Technology Transfer; 3.1.1.2.3 Options for Dealing with TRIPS; 3.1.2 The Barriers Emerging in National Law; 3.1.2.1 Inappropriate Protection Measures; 3.1.2.2 Inadequate Domestic Incentives; 3.2 The Legal Barriers Confronting the Private Sector in Supplying Technology; 3.2.1 Market-Based Barriers to Technology Transfer; 3.2.1.1 Restrictive Business Practices in Technology Trade; 3.2.1.2 Other Deficiencies in Technology Investment
3.2.2 Corporate Social-Environmental Responsibility (CSR)3.2.2.1 Overview; 3.2.2.2 The Legal Framework of Corporate Social Responsibility; 3.3 Conclusion; Chapter 4: Instrumental Barriers to Receiving Climate Sound Technology; 4.1 Background; 4.1.1 Summary of Developing Countries' Needs; 4.1.2 The Approach; 4.2 Weak Bargaining Power in the Climate Technology Transfer Negotiations; 4.2.1 Developing Countries in Climate Change Negotiations; 4.2.2 Climate Change-Related Technology Transfer Negotiations; 4.3 The Lack of Capacity for Climate Technology Transfer
4.3.1 The Lack of Capacity at the Macro Level