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On The Coordination System Of Economic Globalization, The International Technology Transfer Laws

Posted on:2006-09-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z F MaFull Text:PDF
GTID:1116360155960611Subject:International Law
Abstract/Summary:PDF Full Text Request
Since 1970's, enhanced by technology, economic globalization has made market-oriented economic regime spread throughout the world and its endogenous impetus combined with the might of technology development disintegrated the polar world and then, South-North Problem has been the fundamental issue of international relations, among which the acquisition of technology by the backward countries and sustainable development are the nucleus.Global public issues under the conditions of strengthening interdependence of each country make two traditional theories on international relations—realism and liberalism—not mutually exclusive: every country both pursues its own interests and tries to solve the common problems and share the common benefits; however, the clash of the individual irrationality of seeking profits and the collective rationality of mankind creates the theory of publicization of private legal acts in international economic trade. These respectivcly constitute the background and theoretical basis for establishing and consummating the legal harmonization institution of international technology transfer (ITT). The dissertation makes an investigation of the history of ITT in the period of free-competition capitalism from the aspect of South-North relationships and attempts to find the enlightenment for the current practices by reconsideration; it also analyzes the preparations for perfecting the institution in view of objective and subjective facets, i.e., necessity and feasibility and it also explores the features of the institution.The paper anatomizes the legal basis of ITT at the national and international levels and lays emphasis on the main documents of international law concerning ITT and holds that the three systems of the documents under the auspices of WIPO, other UN organizations or agencies and WTO concerning ITT come down in one continuous line: The former ones are the basic instruments which provide institutions of establishment and protection and form preconditions for ITT; the middle embodiments of ITT in specified areas, and the Draft Conduct Code of ITT and Draft Conduct Code of Transnational Corporation tried to establish substantial harmonization treaties and though they were not reached due to the divarication of the South and the North, their spirit and soul began to revive to Doha Declaration etc.; the last succeed and develop certain contents of the foregoing two.The harmonization activities in the last 30 years may be divided into 3 rounds: the 1st round started from the beginning of 1970s and ended with material loss of developing countries in the middle of 1980s, the 2nd round was from the initiation of Uruguay Negotiation to the conclusion with the victory of developed countries in 1994 and the 3rd round from the establishment of WTO to the present with Doha Conference as the milestone for its series of legal documents reflecting interests of developing countries on a certain...
Keywords/Search Tags:Economic Globalization, Publicization of Private Legal Act, Draft Conduct Code of International Technology Transfer, TRIPS Agreement, Harmonization of Legal Institution of International Technology Transfer
PDF Full Text Request
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