Abstract
Climate change due to global warming is a challenge that is yet unmet. Despite the long held understanding that global warming is more due to human activities than the natural causes and hence the solution to the problem also lies in a great part in rectifying our plans and actions, nothing remarkable has happened so far and the global warming is continuing unabated.
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Notes
- 1.
The UDHR, 1948, Article 27 says everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
- 2.
The ICESCR, 1966, Article 15(1) The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; and (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. (2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. (3) The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. (4) The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and cooperation in the scientific and cultural fields.
- 3.
The Cancun Conference took place from 29 November to 10 December 2010.
- 4.
In 2007, the Bali Action Plan, agreed at the 13th Conference of the Parties (COP) of the UNFCCC, reaffirmed the centrality of technology development and transfer.
- 5.
The Climate Change Convention, 1992, Articles 4.1(c) and 4.5.
- 6.
The Kyoto Protocol, 1997 , Article 10.
- 7.
Supra note 5, Article 4.1.
- 8.
Id., Articles 4.3 and 4.5.
- 9.
Id., Article 11.1.
- 10.
Supra note 6, Article 10(c).
- 11.
Id., Article 11.2.
- 12.
The Copenhagen Summit was held in December 2009 in Denmark. The Conference included the 25th COP of UNFCC, and 5th Meeting of Parties of Kyoto protocol.
- 13.
The Sixteenth Session of the Conference of the Parties to the UNFCCC and the sixth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol took place in Cancun from 29 November to 11 December 2010.
- 14.
The mechanism includes a Technology Executive Committee (TEC) will strive to increase public and private investment in technology development and transfer. The TEC will also assist in providing an overview of needs for the development and transfer of technologies for mitigation and adaptation. Additionally, it will recommend policies and actions to boost technology cooperation.
- 15.
Climate Technology Centre and Network (CTCN) facilitate national, regional, sectoral and international technology networks, organizations and initiatives. The CTCN will aim to mobilize and enhance global clean technology capabilities, provide direct assistance to developing countries, and facilitate prompt action on the deployment of existing technologies. Furthermore, the center will encourage collaboration with the private and public sectors, as well as with academic and research institutions, to develop and transfer emerging technologies to the best effect.
- 16.
The text of IPCC is available at http://www.ipcc.ch/pdf/special-reports/spm/srtt-en.pdf.
- 17.
Ibid.
- 18.
Ibid.
- 19.
The Clean Development Mechanism (CDM) is an arrangement under Article 12 of the Kyoto Protocol of the United Nations Framework Convention on Climate Change (UNFCCC) which allows developed country parties (so-called Annex I countries) with a greenhouse gases (GHG) reduction commitment and developing country Parties (so-called Non Annex I countries) to jointly undertake emission reduction project activities in developing countries that contribute to sustainable development and result in certified emission reduction (CER).
- 20.
An article by Professor Michael Wara in 2008 examined the nature of CDM projects and found that a substantial percentage of them were not focused on core sustainable energy technology development.
- 21.
It defines environmental friendly technology as those which protect the environment are less polluting, use all resources in a more sustainable manner, recycle more of the wastes and products, and handle residual wastes in a more acceptable manner than the technologies for which they were substitutes. SIV, Chap. 34, 34.1.
- 22.
The UNFCCC, Article 4.5 speaks about taking all practical steps to promote, facilitate, and finance, as appropriate, the transfer of or access to, environmental friendly technologies and know how to other parties, particularly the developing country parties to enable them to implement the provisions of the Convention. In this process, the developed state parties shall support all development and enhancement of endogenous capacities and technologies of developing country parties. Other parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies.
- 23.
Md Rabiul Amin, “Technology Transfer for Sustainable Development through Clean Development Mechanism (CDM): The Bangladesh Perspectives”, The Thesis presented for the degree of Doctor of Philosophy at Mundoch University, 2005.
- 24.
Id., at 135.
- 25.
Project Design Document.
- 26.
Dhaka leather complex was transferred from The Netherlands. After painting the machinery twice or thrice, it was priced high about three or four times higher and sold to private actor from Bangladesh.
- 27.
Technology transfer is more common for larger projects; 39% of all CDM projects accounting for 64% of the annual emission reductions involve technology transfer. Technology transfer varies widely across project types. Technology transfer is more common for projects that have foreign participants, possibly because those projects tend to be larger. Unilateral and small-scale projects involve less technology transfer, possibly due to their smaller size. Within any given group foreign participants, unilateral, small-scale technology transfer is more common for larger projects, Analysis of Technology Transfer in CDM Projects, Final Report December, 2007 prepared by UNFCC, available at http://cdm.unfccc.int/Reference/Reports/TTreport/TTrep07.pdf.
- 28.
Kasturi Das, GCD Working Paper 014, July, 2011, at 30, available at http://www.uea.ac.uk/international-development/research/gcd/Das+2011.
- 29.
Ibid.
- 30.
Ibid.
- 31.
See Michael Mac Cracken, “Beyond Mitigatio n: Potential Options for Counter-Balancing the Climatic and Environmental Consequences of the Rising Concentrations of Greenhouse Gases”, World Bank Policy Research, Working Paper No. 4938, 2009, available at www.climate.org/PDF/World-Bank_Beyond-Mitigation_MacCracken.pdf.
- 32.
For example, Bidisha Banerjee, “The Limitations of Geoengineering Governance in a World of Uncertainty”, 4 Stan J. L. Sci. and Pol’y, 2011, at 15; Alan Robock, ‘Whither Geoengineering?’, 320 Science, 2008, at 1166.
- 33.
See, V. Rajyalakshmi, “Geological Sequestration of CO2: The Domain of Deep Sea Bed”, 51(1) Journal of Indian Society of International Law, 2011, pp. 42–66.
- 34.
See, UNFCCC Decision of 10th December 2010, FCCC/KP/CMP/2010/L.10.
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Rajyalakshmi, V. (2018). Technology for Climate Cha(lle)nge: Issues and Concerns. In: Nirmal, B., Singh, R. (eds) Contemporary Issues in International Law. Springer, Singapore. https://doi.org/10.1007/978-981-10-6277-3_8
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