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Shugurov, M.V. International legal regulation of technology transfer for the development purposes

Published in journal "Law and Politics", 2013-8 in rubric "XXI century International law", pages 1032-1046.

Resume: The article is devoted to the analysis of specific features of technology transfer to the developing states, which is traditionally enshrined in international documents and doctrine as technology transfer for the development purposes. The author evaluates three aspects of this issue. The first aspect presupposes analysis of legal bases for the access of developing states to the scientific and technical achievements. The most deep-rooted basis for it is their right for participation in scientific and technical progress and practical use of its results. The institution of international technology transfer serves as means of implementation of this right. Characterizing the functions of this institution, the author of this article points out its contradictory character. It means that technology transfer does not fully facilitate scientific and technical innovative potential of the developing states. As a result, the global technological gap is being preserved. At the same time, it does not conform to the provisions of the modern international law (both hard and soft law), providing for the right of developing states to the access to technologies achieved by scientific and technological progress. Much analysis is devoted to the second aspect, which includes characteristic features of rights and obligations of developed and developing states within the framework of their scientific and technological cooperation. This peculiarity is shown as lack of symmetry, reflecting inequalities of potentials, but providing for a large amount of rights for the developing states. At the same time, one of the modern tendencies is recognition for the responsibility of developing states for their scientific and technological development. This issue serves as a basis for the correction of the principle of assisting the scientific and technological development of developing states, which is the third aspect of analysis by the author of this article. The author analyzes specific empiric materials in order to reflect the degree of implementation of international treaty provisions on technology transfer to the developing states. The main conclusions provided in this article include recognition for the need to develop mechanisms of technology transfer, which would strengthen scientific and technical potential of developing states.

Keywords: scientific and technical progress, globalization, developing states, development assistance, human rights, scientific and technical potential, development financing, technology transfer, technological gap, right for development.

DOI: 10.7256/1811-9018.2013.8.9066

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