The Effectiveness of the Kyoto Protocol and Consummating the Legal Institution for International Technology Transfer

  •  Zhongfa Ma    


Kyoto Protocol has several provisions and established mechanisms concerning technology transfer which is supposed to favoring technology transfer for reducing the emission of greenhouse gases (GHG) in the world. However, mainly due to the flaws of the provisions and mechanisms, the environmentally sound technologies have not been transferred as smoothly as possible to realize the Kyoto Protocol’s objectives. Therefore, the international community shall take the effectiveness of Kyoto Protocol as a fresh impetus to consummate the legal system of international technology transfer, that is, developing a uniform technology transfer agreement under the WTO with a focus on promoting environmentally sound technology, which may make the developing countries to acquire the technologies they need under the fair conditions and help them build their capacities to develop in a sustainable manner. China does not need to perform the obligation of reducing GHG emission until 2013 according to Kyoto Protocol, but precautions shall be taken to improve its legal systems on technology transfer to make preparations for implementing the policy of scientific development and playing roles in related international legislation.

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