The Evolution of the UNFCCC Environmentally Sound Technology Development and Transfer Framework
Marine and Environmental Law Institute, Schulich School of Law
Dalhousie University. Vanier and Killam Scholar.
6189 Shirley Street, Halifax, Nova Scotia,
Canada, B3H2N3. Adebayo.Majekolagbe@dal.ca
Whether to mitigate continued change to the climate or adapt to unmitigable effects of climate change, Environmentally Sound Technologies (ESTs) are considered indispensable in the global climate discourse. Arguably, the transfer of these technologies has been one of the most contested issues under the United Nations Framework Convention on Climate Change (UNFCCC). From a Third World Approaches to International Law (TWAIL) perspective, this article examines the history of the EST development and transfer regime under the UNFCCC, its normative underpinnings, and the socio-legal implications of the various phases. It concludes that while the regime has evolved through five major phases, it has remained latched to its normative substructure. It is further argued that for an equitable and effective EST transfer regime to be achieved, the normative and structural fault lines of the regime must be addressed.
Climate change, environmentally sound technologies, technology development and transfer, technology transfer framework, third world, UNFCCC.