Journal of International Commercial Law and Technology
2025, Volume:6, Issue:1 : 327-330
Original Article
Technology Transfer Under Climate Change Regime: A Critical Evaluation
1
Scholar, Department of Law, University: University of Jammu, University Address: Baba Saheb Ambedkar Road, Tawi, Jammu, Jammu and Kashmir 180006
Abstract

Technology transfer has become a cornerstone of international environmental governance, bridging the divide between technologically advanced developed nations and developing countries that face the brunt of climate change and ecological degradation. Under major international environmental agreements such as the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Paris Agreement, the Montreal Protocol, and the Convention on Biological Diversity (CBD), the diffusion of environmentally sound technologies (ESTs) has been identified as a key strategy for achieving sustainable development. 1 However, despite normative recognition of its importance, implementation remains fraught with challenges, including intellectual property rights (IPR) disputes, financial gaps, weak institutional capacities, and the persistent North–South divide.

This paper critically examines the role of technology transfer in international environmental law. It traces its conceptual origins, explores its incorporation in environmental treaties, evaluates institutional mechanisms, and highlights case studies from India, China, Brazil, and African states. Particular attention is paid to the justice and equity dimensions of technology transfer, analyzing why frameworks such as the Montreal Protocol achieved relative success while climate treaties have struggled.  The study argues that technology transfer has largely remained aspirational, with weak obligations and inadequate enforcement mechanisms.

The paper concludes that for technology transfer to fulfill its transformative potential, reforms are necessary: binding commitments for developed nations, reformed IPR regimes, stronger financing mechanisms, South–South cooperation, and capacity-building initiatives. Only through a balanced framework rooted in equity and the principle of common but differentiated responsibilities (CBDR) can international environmental law bridge the technological divide and foster genuine sustainable development

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