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).