Inter-State climate technology transfer under the UNFCCC: A benefit-sharing approach

Abstract

The use of the concept of fair and equitable benefit-sharing has proliferated across a number of international environmental legal regimes in various contexts. However, its potential application to inter-State obligations of financing, technology transfer and capacity-building remains underexplored. This article aims to contribute to this theoretical discussion by assessing how the concept could be applied to technology transfer obligations under the United Nations Framework Convention on Climate Change (UNFCCC). While the UNFCCC's technology transfer obligations are framed within the principles of equity and common but differentiated responsibilities, this article proposes that application of an additional legal principle of fair and equitable benefit-sharing could not only be possible but also bring added value to the regime. Following an analysis of the concept's key features and the legal framework for technology transfer under the UNFCCC, the basis for conceptualizing inter-State climate technology transfer as benefit-sharing is examined. The potential significance and value of incorporating benefit-sharing principles into this legal and policy context is then evaluated. From a procedural standpoint, it could reinforce the need to understand local perspectives and engage in collaborative approaches. In terms of its substantive implications, a benefit-sharing lens could also inform and bridge understandings of equity, promote diversification of implementation approaches and encourage more transformative forms of technological capacity-building.