Trade in clean energy technologies: Sliding from protection to protectionism through obligations for technology transfer in climate change law, or Vice Versa?

Abstract

Global regulations involving clean energy technologies have evolved in recent decades. Such evolution came as a result of technological disparities between the North and the South. Such regulatory changes came because of the failure of developed nations to assist developing countries in obtaining said technologies. Since the beginning, international climate change law has attempted to alleviate the discrepancies in technology transfer regulations so as to introduce some form of unity, especially through various legislations, such as a global regulatory framework. In response, this article seeks to answer the following question: did international climate change law provide the necessary regulations to ensure technological accessibility to developing nations? This article will examine the accessibility of clean energy technology in relation to international climate law, especially highlighting the phases characterized by either technological protection or international collaboration. These changes reflect a continuous cycle where both circumstances and events affect international climate change law and the relations with technology state of affairs.