scholarly journals Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice

2019 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Climate Change ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Innovation Policy ◽  
Clean Energy ◽  
Paris Agreement ◽  
Climate Justice ◽  
Research Development ◽  
Clean Technologies ◽  
And Diffusion

The multidisciplinary field of climate law and justice needs to address the topic of intellectual property, climate finance, and technology transfer to ensure effective global action on climate change. The United Nations Framework Convention on Climate Change 1992 (UNFCCC) established a foundation for the development, application and diffusion of low-carbon technologies. Against this background, it is useful to analyse how the Paris Agreement 2015 deals with the subject of intellectual property, technology transfer, and climate change. While there was discussion of a number of options for intellectual property and climate change, the final Paris Agreement 2015 contains no text on intellectual property. There is text, though, on technology transfer. The Paris Agreement 2015 relies upon technology networks and alliances in order to promote the diffusion and dissemination of green technologies. In order to achieve technology transfer, there has been an effort to rely on a number of formal technology networks, alliances, and public–private partnerships—including the UNFCCC Climate Technology Centre and Network (CTCN); the World Intellectual Property Organization’s WIPO GREEN; Mission Innovation; the Breakthrough Energy Coalition; and the International Solar Alliance. There have been grand hopes and ambitions in respect of these collaborative and co-operative ventures. However, there have also been significant challenges in terms of funding, support, and operation. In a case of innovation policy pluralism, there also seems to be a significant level of overlap and duplication between the diverse international initiatives. There have been concerns about whether such technology networks are effective, efficient, adaptable, and accountable. There is a need to better align intellectual property, innovation policy, and technology transfer in order to achieve access to clean energy and climate justice under the framework of the Paris Agreement 2015. At a conceptual level, philosophical discussions about climate justice should be grounded in pragmatic considerations about intellectual property and technology transfer. An intellectual property mechanism is necessary to provide for research, development, and deployment of clean technologies. There is a need to ensure that the technology mechanism of the Paris Agreement 2015 can enable the research, development, and diffusion of clean technologies at a scale to address the global challenges of climate change.

scholarly journals Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice

Laws ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 7 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Climate Change ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Innovation Policy ◽  
Clean Energy ◽  
Paris Agreement ◽  
Climate Justice ◽  
Research Development ◽  
Clean Technologies ◽  
And Diffusion

The multidisciplinary field of climate law and justice needs to address the topic of intellectual property, climate finance, and technology transfer to ensure effective global action on climate change. The United Nations Framework Convention on Climate Change 1992 (UNFCCC) established a foundation for the development, application and diffusion of low-carbon technologies. Against this background, it is useful to analyse how the Paris Agreement 2015 deals with the subject of intellectual property, technology transfer, and climate change. While there was discussion of a number of options for intellectual property and climate change, the final Paris Agreement 2015 contains no text on intellectual property. There is text, though, on technology transfer. The Paris Agreement 2015 relies upon technology networks and alliances in order to promote the diffusion and dissemination of green technologies. In order to achieve technology transfer, there has been an effort to rely on a number of formal technology networks, alliances, and public–private partnerships—including the UNFCCC Climate Technology Centre and Network (CTCN); the World Intellectual Property Organization’s WIPO GREEN; Mission Innovation; the Breakthrough Energy Coalition; and the International Solar Alliance. There have been grand hopes and ambitions in respect of these collaborative and co-operative ventures. However, there have also been significant challenges in terms of funding, support, and operation. In a case of innovation policy pluralism, there also seems to be a significant level of overlap and duplication between the diverse international initiatives. There have been concerns about whether such technology networks are effective, efficient, adaptable, and accountable. There is a need to better align intellectual property, innovation policy, and technology transfer in order to achieve access to clean energy and climate justice under the framework of the Paris Agreement 2015. At a conceptual level, philosophical discussions about climate justice should be grounded in pragmatic considerations about intellectual property and technology transfer. An intellectual property mechanism is necessary to provide for research, development, and deployment of clean technologies. There is a need to ensure that the technology mechanism of the Paris Agreement 2015 can enable the research, development, and diffusion of clean technologies at a scale to address the global challenges of climate change.

Common but Differentiated Responsibilities and Respective Capabilities: Did This Principle Ever Exist?

2021 ◽  
pp. 1-7
Author(s):  
Armin Rosencranz ◽  
Kanika Jamwal
Keyword(s):  
Climate Change ◽  
Clean Development Mechanism ◽  
Clean Energy ◽  
Developed Countries ◽  
Developing Nations ◽  
Paris Agreement ◽  
Significant Shift ◽  
Historical Responsibility ◽  
Common But Differentiated Responsibilities ◽  
Self Differentiation

This article argues that the UN Framework Convention on Climate Change (UNFCCC)’s conception of common but differentiated responsibilities and respective capabilities (CBDRRC) was never effectively implemented through the Kyoto Protocol. The investments under the Kyoto Protocol’s Clean Development Mechanism suggest that CBDRRC has been used by developed countries to buy a “right to pollute”, i.e., maintaining or even increasing their greenhouse gas emissions, while investing in clean energy in developing nations, thus defeating the essence of CBDRRC as intended under the UNFCCC. Second, it points out that the Paris Agreement reflects a significant shift in the CBDRRC, both in terms of its textual understanding as well as its implementation. A qualifier, “in the light of national circumstances”, was added to the principle of CBDRRC in the Paris Agreement, allowing a form of voluntary self-differentiation. This qualifier diluted a top-down, objective analysis of States’ commitments. For several scholars, this shift has meant a softening of the principle, making the “differentiation” more dynamic and flexible. In the authors’ opinion, the qualifier is a fundamental modification of the principle to make it politically more palatable. It completely disregards the notion of historical responsibility for climate change, which was the cornerstone of CBDRRC as conceived under the UNFCCC. Therefore, rather than presenting a more flexible understanding of UNFCCC’s conception of CBDRRC, the Paris Agreement marks a total departure from it. Lacking an explicit redefinition of the principle of CBDRRC, it is misleading to contend that the Paris Agreement is still anchored in it.

scholarly journals Coal, Climate Justice, and the Cultural Politics of Energy Transition

2019 ◽  
Vol 19 (2) ◽  
pp. 149-168 ◽  
Author(s):  
Benjamin Brown ◽  
Samuel J. Spiegel
Keyword(s):  
Climate Change ◽  
Cultural Politics ◽  
Power Plants ◽  
Fossil Fuel ◽  
Energy Transition ◽  
Paris Agreement ◽  
Climate Justice ◽  
The World ◽  
Phase Out ◽  
Development Agendas

In the wake of the Paris Agreement on climate change, promises to phase out coal-fired power have suggested cause for optimism around energy transition globally. However, coal remains entangled with contentious development agendas in many parts of the world, while fossil fuel industries continue to flourish. This article discusses these entanglements through a climate justice lens that engages the cultural politics surrounding coal and energy transition. We highlight how recent struggles around phasing out coal have stimulated renewed critical debates around colonialism, empire, and capitalism more broadly, recognizing climate change as an intersectional issue encompassing racial, gender, and economic justice. With social movements locked in struggles to resist the development or expansion of coal mines, power plants, and associated infrastructure, we unpack tensions that emerge as transnational alliances connect disparate communities across the world. Our conclusion signals the need for greater critical engagement with how intersecting inequalities are coded into the cultural politics of coal, and how this shapes efforts to pursue a just transition.

From Paris to Poland

2018 ◽  
Vol 8 (2) ◽  
pp. 27-46
Author(s):  
Tim Cadman ◽  
Klaus Radunsky ◽  
Andrea Simonelli ◽  
Tek Maraseni
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Paris Agreement ◽  
Climate Justice ◽  
Gas Emissions ◽  
Social Quality ◽  
United Nations Framework Convention

This article tracks the intergovernmental negotiations aimed at combatting human-induced greenhouse gas emissions under the United Nations Framework Convention on Climate Change from COP21 and the creation of the Paris Agreement in 2015 to COP24 in Katowice, Poland in 2018. These conferences are explored in detail, focusing on the Paris Rulebook negotiations around how to implement market- and nonmarket-based approaches to mitigating climate change, as set out in Article 6 of the Paris Agreement, and the tensions regarding the inclusion of negotiating text safeguarding human rights. A concluding section comments on the collapse of Article 6 discussions and the implications for climate justice and social quality for the Paris Agreement going forward.

scholarly journals Intellectual Property and Climate Change: Inventing Clean Technologies

2016 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Climate Change ◽  
Intellectual Property ◽  
Clean Technologies ◽  
Edward Elgar

Book. Rimmer, Matthew (2011) Intellectual property and climate change: Inventing clean technologies. Edward Elgar, Cheltenham (UK) and Northampton (Mass.).

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