Enabling Law and Policy Environment for Climate Technology Transfer: From Perspectives of Host Countries

Author:Chen Zhou
Position:Professor Assistant of international environmental law at Xiamen University. LL.M. (Wuhan), Ph.D. (Tilburg). ORCID: https://orcid.org/0000-0002-8461-2738. This research was supported by the research program of 'Addressing Climate Change and The Synergic Control of Air Pollutions' (0130/K1300001), Starting-Up Research Fund of China Scholarship ...
Pages:45-70
SUMMARY

Climate friendly technologies contribute to tackling global climate crisis and the dynamic transfer of these technologies is important to achieve universal climate actions. The UNFCCC, and its recent Paris Agreement, have introduced international assistance to promote climate related-technology transfer. They call for collaborative actions from both technology supplier and demander sides in order ... (see full summary)

 
FREE EXCERPT
Enabling Law and Policy
Environment for Climate
Technology Transfer:
From Perspectives of
Host Countries
Professor Assistant of international environmental law at Xiamen University. LL.M. (Wuhan), Ph.D. (Tilburg). ORCID:
https://orcid.org/0000-0002-8461-2738. This research was supported by the research program of “Addressing Climate
Change and The Synergic Control of Air Pollutions” (0130/K1300001), Starting-Up Research Fund of China Scholarship
Council. The author may be contacted: czhou@xmu.edu.cn / Address: South Siming Road 422, The Law School of Xiamen
University, Siming District, Xiamen, Fujian Province, P.R. China
Chen Zhou
Climate friendly technologies contribute to tackling global climate crisis and the
dynamic transfer of these technologies is important to achieve universal climate actions.
The UNFCCC, and its recent Paris Agreement, have introduced international assistance
to promote climate related-technology transfer. They call for collaborative actions
from both technology supplier and demander sides in order to enable environments
for a meaningful and effective technology transfer. According to the UNFCCC, the
international technology assistance is unlikely to work in a desired way with the
absence of indigenous enabling environments. Therefore, it is crucial to identify,
assess and overcome potential barriers potentially confronted by host countries in their
acquisition of climate technologies, which helps prepare these countries for climate
resilience economy and sustainable development. This paper attempts to provide a deep
and comprehensive analysis on enabling policy/ law environments in host countries
and uses Asian countries as examples in most occasions.
Keywords
Climate Change, Technology Transfer, Host Countries, Demander,
Enabling Environment
J. EAST ASIA & INTL L. Vol. 12/No.1 (2019); 45-70
Publication type : Research Article
Section : Article
DOI : http://dx.doi.org/10.14330/jeail.2019.12.1.03
46 Chen Zhou
I. Introduction
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,
1
particularly in
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
technology transfer.
2
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,
3
it is
       
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).

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