Journal of Dali University ›› 2022, Vol. 7 ›› Issue (7): 28-37.DOI: 10. 3969/j. issn. 2096-2266. 2022. 07. 005

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On Non-state Actors in the International Law System of Green Technology Transfer

  

  1. 1.School of Law， Fudan University， Shanghai 200433， China； 2.Ｓchool of Law， Shanghai Police College， Shanghai 200137， China
  • Received:2021-12-06 Revised:2022-03-17 Online:2022-07-15 Published:2022-07-06

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Abstract:

The reason why international legal regime on green technology transfer has failed to work is the absence， dislocation and offside of non-state actors such as transnational corporations and non-governmental organizations. The fact that most green technologies have been owned by transnational corporations makes it impossible for developed countries to perform their international commitments. A more fair green technology transfer system of international law should be set up. Through the international law and domestic law interactive mechanism， it will encourage them in many developed countries to implement the international treaty commitment in the form of domestic law. And the active involvement of government can push the multinational companies of developed countries to developing countries for effective technology transfer. Market mechanism represented by PPP may stimulate the spontaneity of transnational corporations to transfer green technologies voluntarily. The influence of non-governmental organizations has increased excessively， which has caused function offside. They shall reconcile the interest conflicts between the South and the Northin a soft way， and give play to the role of intelligence source to promote technology transfer. International legal regime on green technology transfer under the concept of building a community of a shared future for mankind is full of Chinese elements.China's contribution to the Belt and Road Initiative and RCEP has produced positive effects in form of technology spillover and demonstrated a good example in the field of green technology transfer.

Key words:

constructing community of a shared future for mankind">； green technology transfer">； non-state actors">；transnational corporations

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