An Analysis of Legal Frameworks for the Transfer of Environmentally Sound Technologies—Challenges and the Way Forward

Environmentally sound technologies (ESTs) are technologies that have the potential for significantly improved environmental performance relative to other technologies. United Nations Agenda 21, developed by the United Nations Conference on Environmental Development (UNCED), following the Rio Conference in 1992, defined ESTs as capable of mitigating climate change. These technologies protect the environment, are less polluting in nature, use resources in a more sustainable manner, recycle their wastes and products, and handle all residual waste in a more environmentally acceptable way than the technologies for which they are substituted. They are defined as a total of systems, including know-how, procedures, goods and services, and equipment, as well as organizational and managerial procedures for promoting environmental sustainability. The transfer of ESTs stands at the core of global efforts to combat climate change and promote sustainable development. The development and diffusion of ESTs are particularly complex and comprises a wide range of technologies. ESTs are considered “global public goods” but are “rational technologies”; therefore, their modes of production and exploitation vary significantly. In the present context, the authors in this paper aim to understand the evolution and recent developments in the legal context of ESTs. The paper will examine the role of various existing international environmental instruments, like the United Nations Framework Conference on Climate Change (UNFCCC), the Kyoto Protocol, the Paris Agreement, and the TRIPs Agreement, in developing an effective framework for ESTs and their transfer. Various transfer mechanisms employed for the dissemination of ESTs across borders are also discussed in the paper.