A/HRC/44/44
transparent and ambiguous in outcome. 107 The Clean Development Mechanism was the
primary means of transferring technologies for some time, however, 74 per cent of its
registered projects were hosted by only three rapidly developing economies. 108 Since 2010,
when the parties to the United Nations Framework Convention on Climate Change
established a dedicated technology mechanism, “meagre steps” have been taken to
implement transfers.109 For example, the Paris Agreement does not stipulate the obligations
of developed countries. Research suggests that countries with already established capacity
to produce, absorb and deploy technologies are gaining the most from transfers, leaving
gaps in Africa and the least developed countries. 110
45.
Also troubling for international solidarity in the climate change field is the fact that
States are divided on the question of alleviating the burdens imposed by intellectual
property rights attached to climate technologies that may mostly benefit private companies
in developed countries, to the detriment of most developing countries. 111 Many States and
advocates argue that climate technologies are public goods requiring open access or
adequate financial support to eliminate barriers for everyone’s benefit. There has been no
progress on these issues in either the international climate regime or the trade regime.112
Rather, technology transfer is occurring in an ad hoc manner.
46.
Overall, it remains unclear how this model of financial and technology transfers,
which prioritizes institutional complexity, privatization, loans and ambiguity, will meet the
world’s common need for climate change-related structural transformation. This poses an
existential and common concern and is an important human rights-based international
solidarity issue.
D.
1.
Access to justice for vulnerable countries, individuals and groups
Redress for loss and damage
47.
Although the rectification of loss and damage from climate change, which can
happen in various ways,113 is a legal and moral approach to addressing the fact that climate
change is caused and experienced unequally, it still faces resistance from certain States,
contrary to human rights-based international solidarity. 114 The concept of rectifying loss
and damage supports international cooperation in remedying the “residual” impacts of
climate change that cannot, or will not, be avoided, such as displacement, loss of culture
and loss of life, which occur especially in the least developed countries and small island
developing States.115 Rising sea levels, hurricanes and other extreme events are decimating
107
108
109
110
111
112
113
114
115
16
See, e.g., Liliana B. Andonova, Paula Castro and Kathryn Chelminski, “Transferring technologies:
the polycentric governance of clean energy technology”, in Governing Climate Change:
Polycentricity in Action?, Andrew Jordan and others, eds. (Cambridge, United Kingdom, Cambridge
University Press, 2018); and advocacy on article 6 of the Paris Agreement (replacing the Clean
Development Mechanism) by civil society organizations, available at www.ciel.org/getting-article-6right-with-human-rights.
Andonova, Castro and Chelminski, “Transferring technologies”, pp. 267–271.
Margaretha Wewerinke-Singh and Curtis Doebbler, “The Paris Agreement: some critical reflections
on process and substance”, University of New South Wales Law Journal, vol. 39, No. 4, pp. 1509–
1510.
See Andonova, Castro and Chelminski, “Transferring technologies”; Damilola S. Olawuyi, “From
technology transfer to technology absorption: addressing climate technology gaps in Africa”, Journal
of Energy and Natural Resources Law, vol. 36, No. 1 (2018).
See Matthew Rimmer, “The Paris Agreement: intellectual property, technology transfer and climate
change”, in Intellectual Property and Clean Energy: The Paris Agreement and Climate Justice,
Matthew Rimmer, ed. (Singapore, Springer, 2018).
Ibid.
See, for instance, the proposal of an adaptation levy on international air travel at
www.iied.org/pubs/display.php?o=17045IIED.
See Reinhard Mechler and others, eds., Loss and Damage from Climate Change: Concepts, Methods
and Policy Options (Cham, Switzerland, Springer, 2018).
See Maxine Burkett, “Climate reparations”, Melbourne Journal of International Law, vol. 10, No. 2
(2009).
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