Study On The Law For The Transfer Of International Low-carbon Technology

Low-carbon technology is the key to climate crisis. In Line With common but differentiated responsibility principle, the convention and the protocol has stressed that developed countries should support developing countries with technology. And TRIPS also provides for the developed countries have an obligation to promote technology transfer in the least developed countries. Sustainable development and impartial concept provides a theoretical basis for low-carbon technology transfer.Although low-carbon technology transfer has been developed, Many clauses in The convention and the protocol are lack of concrete operation scheme, which means too many hollow clauses, lack of hard rules, moreover the convention and the protocol is the agreement between the government, low-carbon technology mainly controlled by large private enterprises that led to the commitment of the developed country government become dead letter. Meanwhile TRIPS agreement attaches great importance to the protection of intellectual property rights, and ignored the transfer of low-carbon technology, so low-carbon technology transfer has been at the ice age.In order to promote the transfer of low-carbon technology, on one hand, we need to reform the convention and the protocol and the TRIPS agreement, on the other hand make full use of their goodness, put the low-carbon technology transfer concept which is in the convention and the protocol into WTO.Set up the international low-carbon technology transfer agreement under the WTO framework, make full use of WTO dispute settlement mechanism and the specific operation of the execution mechanism to promote low-carbon technology transfer.