Mahatab Uddin

This Article examines the role of international law in the innovation and transfer of green technologies in the context of South-South cooperation. It argues that collaboration merely between developed and developing countries is insufficient and that cooperation among advanced developing and developing countries is essential. To ensure wide innovation and transfer of green technologies, international laws dealing with climate change and international trade related issues must play major roles. As such, this Article demonstrates how these branches of international law can facilitate South-South cooperation in the innovation and transfer of green technologies and proposes methods for creating a favorable environment for innovation and transfer in light of the global climate regimes and trade-related legal frameworks.

Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are applicable for climate change mitigation technologies, the latter kind is more appropriate for climate change adaptation. This is because unlike mitigation technologies, most of the adaptation methods involve some form of technology that broadly cannot be considered as mere product or equipment. Instead, these technologies are broadly considered as various forms of ‘knowledge’ or ‘know-how’. While the mostly ‘product’ or ‘tool’ based ‘hard’ kinds of mitigation technologies are protected by intellectual property rights (IPRs) and brings financial benefit to the IPRs holders, typically ‘knowledge’ or ‘information’ based ‘soft’ kinds of adaptation technologies are vastly considered as ‘public good’, which are not protected by IPRs, nor bring any financial profit for the knowledge generators or the original knowledge holders. This paper assesses whether these soft kind of ‘knowledge’ or ‘know-how’ climate change adaptation technologies can be brought under modern IPRs system as such considered as commercially valuable. The study suggests some modification of existing system, where necessary. Finally, the study suggests introducing a ‘sui generis’ protection for community knowledge or traditional knowledge adaptation technologies.

Various sources of marine pollution from ships have prompted the development of many international conventions under the auspices of the International Maritime Organization (IMO). Of these, the International Convention for the Prevention of Pollution from Ships (hereinafter MARPOL 73/78/MARPOL Convention) is the most important. It covers the issues of prevention of vessel-source pollution by oil, noxious liquid substances in bulk, harmful substances carried in packaged form, sewage and garbage and also of air pollution from ships. This chapter presents a brief overview of the IMO conventions on vessel-source marine pollution preparedness, response, cooperation and intervention as well as marine pollution liability and compensation. In addition to conventional vessel-source pollution, international shipping has many unintended effects on the marine environment. One such effect is harmful aquatic organisms carried by ballast water and harmful aquatic organisms, which accumulate on mar...

This chapter presents a brief overview of the International Maritime Organization (IMO) conventions on vessel-source marine pollution preparedness, response, cooperation, and intervention as well as marine pollution liability and compensation. It also presents a brief overview of legal instruments covering these issues. Further, the chapter examines the issue of marine environmental pollution by the ship recycling industry. It introduces a compulsory Energy Efficiency Design Index for new ships. The Energy Efficiency Design Index has binding obligations of greenhouse gases emissions reduction and establishes a minimum energy efficiency level per capita mile. The international regime for the protection of the marine environment includes the legal and jurisdictional framework for the prevention, reduction, and control of marine pollution from ships. Various sources of marine pollution from ships have prompted the development of many international conventions under the auspices of the International Maritime Organization. In 2004, the IMO adopted the International Convention for the Control and Management of Ship's Ballast Water and Sediments.

The impact of intellectual property rights (IPRs) over various sectors of the world has been increasing since the adoption of the 1994 Agreement on Trade-Related Aspects of Intellectual  Property Rights (TRIPS). While IPRs act as a stimulator for innovation of new technologies, the wide-scale introduction of IPRs for diverse kinds of innovation does not equally benefit all countries of the world. For instance, the introduction of IPRs over agro-biotechnological innovation has created some food security concerns for developing and least developed countries. While three-quarters of the global population who live below the poverty line are dependent on agriculture for their livelihoods, it is presumed that the use of patents on plant genetic resources may jeopardize food security in the southern world. This paper figures out the nature of the relation between the inclusion of IPRs in agro-biotechnology and food security in the southern world consisting of developing and least developed countries. Accordingly, the paper manifests the precise impacts of
the introduction of IPRs in agro-biotechnology innovation and their consequences on food security in the low or medium-income developing and least-developed countries.

Technology and policy play a twofold role in international environmental laws. Stronger environmental policies encourage new green technologies and likewise, better technologies make it easier to regulate. “Technology transfer” refers to the transfer from one party, an association or institution that developed the technology, to another that adopts, adapts, and uses it. As different kinds of threats posed by climate change are continuously increasing all over the world the issue of “technology transfer” especially the transfer of environmentally sound technologies has become one of the key topics of international environmental debates.
This thesis addresses, firstly, the possible methods of technology transfer and secondly, how current international environmental laws play its role to facilitate the transfer. Accordingly, I have focused on the concerned provisions of Kyoto Protocol and its subsequent implementation measures. I have also taken in to account the decisions of the annual meetings of the Conference of the parties (COPs) of the UNFCCC.

The thesis has also made a brief comparative discussion between the provisions of international environmental laws and the provisions of intellectual property rights in terms of technology transfer.

However, at the last stage of the thesis, some potential recommendations are mentioned and briefly discussed in view to come up with a sustainable solution.

In addition to the international environmental law, I have also tried to figure out some other international or multinational instruments which concern the transfer of environmentally sound technologies.

Bangladesh is host to a major cetacean habitat. The country declared its first marine protected area, namely, the Swatch-of-No-Ground Marine Protected Area, for conservation of some species of dolphins, porpoises, whales and sharks. However, this declaration has not been supported with an effective and robust legal, policy and institutional framework. Against this backdrop, this article critically examines the existing legal and institutional framework for management of this marine protected area. A study on the existing legal framework shows the absence of a robust national legal system for prevention of marine pollution and protection of marine biodiversity. This lack of national legal framework will have a significant impact on the future success of the Marine Protected Area. Moreover, an analysis of the relevant national institutions shows that they are not fully capable of enforcing the law and policy in the marine protected area. Through this analysis, this paper proposes that preparation of a management plan, provision of adequate resources to the relevant agencies, ensuring interagency cooperation, engagement of stakeholders and implementation of international marine environmental law are crucial for the future success of this marine protected area.

Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are applicable for climate change mitigation technologies, the latter kind is more appropriate for climate change adaptation. This is because unlike mitigation technologies, most of the adaptation methods involve some form of technology  that broadly cannot be considered as mere product or equipment. Instead, these technologies are broadly considered as various forms of ‘knowledge’ or ‘know-how’. While the mostly ‘product’ or ‘tool’ based ‘hard’ kinds of mitigation technologies are protected by intellectual property rights (IPRs) and brings financial benefit to the IPRs holders, typically ‘knowledge’ or ‘information’ based ‘soft’ kinds of adaptation technologies are vastly considered as ‘public good’, which are not protected by IPRs, nor bring any financial profit for the knowledge generators or the original knowledge holders. This paper assesses whether these soft kind of ‘knowledge’ or ‘know-how’ climate change adaptation technologies can be brought under modern IPRs system as such considered as commercially valuable. The study suggests some modification of existing system, where necessary. Finally, the study suggests introducing a ‘sui generis’ protection for community knowledge or traditional knowledge adaptation technologies.

This Article examines the role of international law in the innovation and transfer of green technologies in the context of South-South cooperation. It argues that collaboration merely between developed and developing countries is insufficient and that cooperation among advanced developing and developing countries is essential. To ensure wide innovation and transfer of green technologies, international laws dealing with climate change and international trade related issues must play major roles. As such, this Article demonstrates how these branches of international law can facilitate South-South cooperation in the innovation and transfer of green technologies and proposes methods for creating a favorable environment for innovation and transfer in light of the global climate regimes and trade-related legal frameworks.