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Title: International law and the acquisition of technological capacity by developing countries : from technology transfer towards technological co-operation
Author: Wairama, G. Baker
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1993
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Technology is now a separate, central factor in the development of any State. However, today, inter State relations are characterised by wide technological disparity between developed and developing countries. All States agree that transmission of technological capacities to developing countries is key not only to reduction of technological inequalities, but also to maintenance of future international peace. Traditional international legal responses to the problem are inadequate or static. The traditional multilateral intellectual property legal regime is mercantilist, designed to deal with a technologically minimally interdependent international society. It promotes extra-territorial exclusive protection of private intellectual property rights by comprehensively defining those rights while setting up private international law standards as the primary basis for host country regulation of technological rights. Protection of private intellectual property is then reinforced through bilateral trreaties. Reform of the regime to facilitate international transmission of technological capacity, is largely regarded as ultra-vires its objectives. Increased extra-territorial effects of technology, the emergence of technologically least developed countries indicating gross interstate technological disparities, the complexity of non state and non national's technological activity in host States, among others, have speeded the evolution of new dynamic multilateral legal principles, standards, rules, procedures and instruments that more effectively define the problem of international technology development and transfer as a State based effective acquisition of technological capcity by a country under balanced legal commitments. We show that in recent decades, in relation to international development and transfer of technology, States have adopted framework treaty type arrangements which aim at dynamic conversion of multilateral decisions, policy, agreements, etc. into legal or quasi-legal norms. When implemented, the new norms extend legal measures and remedies towards those States whose international technological practices most accord with international interdependence and reduction of technological disparities among States.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available