46 Chen Zhou
Climate change is a global common concern and the combat of it requires all
possible solutions. In this process, technology solutions would play profound roles
because they serve for reducing greenhouse gases (“GHGs”) emission, optimizing
energy structure, and promoting low carbon economy and society. Today, there
is a worldwide consensus that the development and transfer of climate friendly
technologies contribute to local capacity building, thereby promoting the compliance
of climate agreements ultimately. The United Nations Framework Convention
on Climate Change 1992 (“UNFCCC”) has recognized technology transfer as
international assistance. It has also required facilitating the development of climate
technologies and their dynamic transfer on a global scale. The recent Paris Agreement
aims to strengthen the global response to the threat of climate change, which in many
aspects committed its members to tighten cooperation on climate technologies.
Despite the necessary role of technologies, the real world shows a different
picture: climate technologies are transferred at an inadequate rate,
light with the requirements of the UNFCCC and the urgency of [addressing] global
climate crisis. The reasons behind this gap are complex. From the perspective of
technology demander, the absence of enabling policy/law environments in host
countries (mostly developing countries in practice) largely undermines a meaningful
these potential barriers that hinder smooth crossing-border technology flows in a
comprehensive and constructive manner.
A. The Key Needs of Host Countries
Participatory development is seen as imperative to achieve all-round, multi-channel
This development includes the efforts of both technology
supplying and demanding countries, and the public and private sectors. Although
the international transfer of climate technology depends primarily on suppliers,
1 T. Heller & P. Shukla, Beyond Kyoto-Advancing the International Effort against Climate Change, THE PEW CENTER ON
GLOBAL CLIMATE CHANGE 115 (2003).
2 IPCC, Climate Change 2014: Impacts, Adaptation and Vulnerability (Summary for Policymakers) (2014), available at
https://www.ipcc.ch/site/assets/uploads/2018/02/ar5_wgII_spm_en.pdf (last visited on May 28, 2019).
3 U.N. Doc. FCCC/TP/2003/2 (Feb. 4, 2003), available at https://unfccc.int/resource/docs/tp/tp0302.pdf (last visited on
May 27, 2019).