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Overcoming Barriers to International Transfer of Environmentally Sound Technologies

The Case of Saudi Arabia

 

Contents

1  Introduction. 

2  Background of the research

3   Rationale of the research.

3.1 Environmental Sound technology transfer

3.2 Challenges faced by KSA for EST transfer

3.3 Technology transfer contracts

3.4  Barriers to technology transfer in KSA.

3.4.1 Generic Barriers

3.4.2 CLIMATE CHANGE MITIGATION

3.4.3  RENEWABLE ENERGY

3.4.4   NEW GENERATION TECHNOLOGIES LOW GREENHOUSE GAS (GHG)

3.5       Barriers of Intellectual property in the development of ESTs.

3.6       Technology Transfer, Absorptive Capacity & Enabling Environment

3.7       Non-IPRs barriers to the transfer of climate-friendly technology

3.8       UNFCCC and other Conventions and Agreements. 28

4    Aims and objectives.

Objectives.

5    Research question.

Methodology. 

6  References.

1- Introduction

The idea of ​​technologies compatible with the natural environment is part of the trend of criticism leveled against heavy industrial technologies, polluting, carrying high risks. The followers of “appropriate technologies” advocated, from the sixties, the optimal use of raw materials, the use of non-polluting production processes and “soft” energies[1]. They promote diversification, decentralization and small labor-intensive industrial units in order to create optimal economic, ecological and social conditions. Social control and technological risk assessment go hand in hand with technological choices. Environmental technologies are the realization of appropriate technologies to promote sustainable development – which postulates the economic, ecological and social compatibility of political decisions[2]. The transfer of environmental technologies thus becomes one of the vectors for integrating environmental protection into development strategies. Defined in Chapter 34 of Agenda 21 of the Rio Conference, these technologies are “less polluting, use resources more sustainably, allow the recycling of their wastes and products, as well as the treatment of residual waste from a more acceptable than the technologies they replace[3]. In addition to this, this chapter also focuses over the favourable access to as well as the transfer of environmentally sound technologies with particular respect to developing countries by means of supportive measures which aims towards promoting technology cooperation and which enables the transferring of adequate technological know-how along with the development of technical, managerial and economic capabilities for the efficient use as well as future development of the transferred technology[4]

Environmental industries are booming. According to an OECD estimate, the global market for environmental goods and services exceeds $ 200 billion per year, and will reach $ 300 billion by the year 2000. In addition, this technology is progressing at an average annual rate of 5% to 6% and offers many workplaces. OECD countries represent 85% of this market, which depends above all on the introduction of increasingly stringent environmental standards[5].

The development of environmental technologies is stimulated by changes in the behavior of companies, with the large chemical companies in the lead. If companies act primarily under the constraint of regulations and legal standards for environmental protection, it turns out that legislation is not the only factor that encourages them to adopt a positive attitude to reduce pollution from their activities. The evolution of societal values ​​and the criticisms of industrial society expressed by associative movements are leading some companies – certainly not all – to review their environmental policy in order to improve their image[6].

The availability of technological and scientific information as well as access to the transferring of technologies that are environment-friendly is very important for sustainable development. Basic technical possibilities to make this transition are already present. Whether this option will be adopted or not is greatly dependent upon the practices and policies along with the incentives that are available in those countries for the promotion of technological developments[7].

In the decade of 1970s, technology transfer was considered to be a potential threat to the environment and required control and regulation. In the decade of 1990s, the transfer of technology is considered to be a source of opportunity for the promotion of sustainable development. However, the challenge is how to move over from the traditional control of technological flow towards the newer approaches of technological assessments which tends to take environmental concern under consideration. This transition towards a greater application of environmentally sound technologies can be mediated through extensive research and development activities[8].

This section will focus upon how environmental sound technologies transfer have responded to the challenges of the climate changing conditions with special reference to the Kingdom of Saudi Arabia (hereinafter KSA). Within the context of the country, the section will analyse how scientific and technological progress has become important at the global level and how ESTs transfer have emerged as essential element in this regard.

 

2- Background of the Research

Environmental sound technologies (hereinafter ESTs) transfer is currently one of the most important pillars on which the foundations of developed countries are supported, and the means of advancement, including domination and leadership. These countries did not reach the advancement and development they had reached in various different aspects of dealing with climate change except after long years of experiments and scientific research and the huge expenditures that came along with it, and this naturally led to the presence of some negative repercussions that were represented in a large technological gap in dealing with the global struggle against climate change[9]. Among the developed countries, which owns and monopolizes such technologies, and between the developing countries, which are in dire need of those technologies. Consequently, a small number of countries dominate the means of knowledge and technology, which resulted in these countries ruling over the fate of the entire world in this field.

The current interest of developing countries on this issue and on the issue of technology transfer at large, is due to their strong view of the role that technology plays in the various stages of the overall economic development process, and they realized that the increase in progress and the gross national income is mainly the result of technological progress. This is in view of what technological and scientific progress constitutes at the international level, and as it is considered a measure for measuring and dividing countries into advanced, backward or developing countries, and this without regard to the natural, human and financial wealth that these countries possess.

 

The issue of ESTs and its transfer has continued to take an upward trend as a collective endeavour undertaken by all countries to combat climate change, and the establishment of an effective legal framework that would facilitate such transactions. As the reality shows that the majority of developing countries like KSA depend heavily on imported ESTs in the development of their industries and vital sectors for both adaptation and mitigation endeavors, and hence the importance of having regulations and legislations to regulate and frame ESTs transfer operations. As a matter of fact, legal writers did not pay much attention to the legal aspects of technology transfer, let alone climate technology transfer, mainly because of two reasons[10]. It does not fit neatly into one category of legal scholarship as it combines IP law, Competition law, International trade law, and the other reason is its multidisciplinary nature as it overlaps with economy, sociology and political science[11].

Although the international community has implemented these measures through the enactment of the United Nations Framework Convention on Climate Change (UNFCCC) and its subsequent agreements such as Cancun, Kyoto protocol, and Paris, this international regime has not been effective in creating the legal environment needed to facilitate the transfer of ESTs from developed countries to the country largely due to the overt politicisation of the subject.

3- Rationale of the Research

3.1  Environmental Sound Technology Transfer

 

Environmentally sound technologies (ESTs) are referred to those technologies that have the potential to considerably improve environmental performance with regards to other technologies[12]. Basically, ESTs are designed to protect the overall environment from pollution by making use of resources in a sustainable way, recycling the products and wastes more along with handling residual wastes in an environment-acceptable way than that of technologies for which they have been substitutes.

The international ESTs transfer is hindered by economic, social, and legal barriers among these are the lack of unanimous definition, and the nonbinding and vague obligations set forward in the environmental conventions, combined with poor compliance strategies.[13] One of the major reasons for the development of KSA investment policy is to facilitate technology transfer which the objective that the transfer will result in Saudi-based technology industry. Saudi Executive Rules Article 3 states that state investment policy objective is ‘‘transfer and domestic consolidation of technology.’’[14] Through FDI, KSA has the objective of importing not only efficient but also ESTs that can impact local businesses positively.

IPRs stimulate R&D and transfer of ESTs by multinational companies and there is evidence in the ESTs literature that suggest that enhanced protection of IP rights in D.C.s is an important tool to increase the influx of ESTs. Multiple conditions should exist for ESTs to be transferred and development to happen. Absence of these conditions is barriers to the transfer of technology. Among the listed barriers to the transfer of EST is ignorance of technology, poor infrastructure as well as IPRs.[15] Intellectual property is still a hotly debated issue in EST transfer. The debate comes out because IPRs and EST transfer depends among various factors including the price of the technology, terms for licensing, availability substitutes which are cost-effective and whether EST is patented.

 

3.2      Challenges faced by KSA for EST Transfer

The Paris Agreement concluded in 2015 marks the starting point for the implementation of an ambitious and comprehensive climate policy with national contributions to limit global CO2 emissions. This means that oil, now responsible for 34% of CO2 emissions, will have to face growing climatic constraints. As a result, this transition to a low-carbon economy should constitute a real challenge for oil-exporting countries, especially those in the Middle East [16]. This research studies the impact of this global energy transition as well as the avenues of reform to be undertaken to mitigate it for one of the largest oil exporter: the Kingdom of Saudi Arabia (KSA).

Similar to other producers of carbon-emitting fossil fuels even KSA stands at the centre of global climatic conundrum along with being and early and a highly significant victim of changing climatic conditions as its harsh summer climate and arid geography is highly vulnerable to damage[17]. In addition to this, the country also carries an oversized legacy of omitting GHG emissions mainly due to large-scale methane venting. The CO2 emissions of the country are growing by 6% every year which is more or less the same rate of primary demand for energy (EDGAR 2017). Fugitive (non-combustion CO2 which is released from oil industry is another major source of emissions; however, it reduced to 2.2% in the year 2008.

When the emissions from non-combustion CO2 reduced, the energy sector emerged as the largest source of carbon dioxide emissions. Up till 2008, the power generation process was responsible for almost 43% of GHG emissions (EDGAR, 2011).

Saudi Arabia is one of the world’s top oil exporter and as such a leader in global GHG emitter. According to BP data, KSA was the world’s no. 9 carbon emitter in the year 2016 which is 6 positions higher than what was in 2012.

According to the Intended Nationally Determined Contribution of the Kingdom of KSA [18](INDC) under the UNFCCC, KSA plan to achieve mitigation co-benefits ambitions of up to 130 million tons of CO2 eq avoided by 2030 annually through contributions to economic diversification and adaptation, and thereby communicating its intention to adhere to common but rather differentiated capabilities and responsibilities outlined in UNFCCC’s principle[19].  Furthermore, the report recognizes that the implementation of KSA’s INDC is contingent on technology cooperation and transfer as well as capacity building.

The Paris Agreement prompted KSA to develop its NDC which included its goal of carbon dioxide mitigation through its Saudi Vision 2030. The NDC reflected KSA’s opportunities and challenges that it is facing as one of the major crude oil suppliers in a world where carbon emission was becoming a severe issue.

Through ND.C.s, the Paris Agreement departs from ‘‘one-size-fits-all’’[20] a top-down policy that was popular in the past. However, the new approach created by the Paris Agreement recognizes that climate mitigation policies should reflect each country’s unique resource, development, and economic conditions. Therefore, KSA’s ND.C.s depart from Kyoto Protocol’s top-down, legally constraining, quantified emission reductions goals that only addressed about 14 percent of global greenhouse gases (GHGs)[21].

The Paris Climate Talks was supposed to debate about technology transfer, climate change, intellectual property, and finance. However, European Union and United States Industry Association were against inclusion of intellectual property texts but rather lobbied for protection of IPRs and hence making it hard for countries like KSA to access clean technologies[22]. IPR can impede access to the transfer of useful technologies as patents can be a potential hindrance to environmental technology. Despite its strengths on discussing technology transfer issues, Paris Agreement failed to shed light on IPRs issues; a blow to climate change mitigation efforts[23].

NDC policy accelerates and supports KSA Kingdom’s policy on diversification that has the objective of moving the country away from a highly hydrocarbon-dependent economy. KSA has objectives of mitigating co-benefits and accelerating economic diversification as laid on Article 47 of its NDC Agreement.

As a policy approach and other than fuel pricing reforms, KSA has a regulatory approach of limiting its carbon intensity as means of economic activity[24]. This approach has a set of policies which specifically aims at reducing carbon intensity in water and power sectors in the economy of KSA. The approach explores policies that create investment incentives that guarantee optimal fuel use which then leads to less carbon-dioxide intensive water and electricity production. This course will reflect priorities outlined in KSA’s INDC UNFCCC frameworks and thereby conforming to the Paris Agreements principle of common but rather differentiated capabilities and responsibilities[25].

However, regardless of the efforts put forward by KSA to combat climate change it is still have a fragile national innovation system that lack the absorptive capacity, let along the support needed for R&D through all of its stages, and has an ineffective role in the social, economic, technological reality of the kingdom. Therefore, KSA remain a developing country that still in need, in the foreseeable future, for assistance regarding technology development and transfer and its ability to maintain its commitments in the international environmental conventions hang on developed countries also upholding their commitments. Article 4.7 of the UNFCCC states “The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology”.[26]

3.3      Technology Transfer Contracts

Technology transfer, which is carried out according to legal frameworks and contracts, and the legal nature of these contracts varies according to the place, reason, parties to the contract, the destination and the law that governs them. A legal framework compatible with economic and technological growth is one of the most important issues associated with this new branch of law, technology transfer contracts; These international contracts play a great role in the modern era in serving the goals of development and progress[27]. That because of its wide impact on the environment in which it is implemented as it meets social, economic, political and environmental goals at the same time, and within frameworks and goals slightly different from those frameworks and goals associated with traditional investment contracts, most of which do not include the advantage of introducing modern technology to host countries. In contrast, technology transfer contracts’ primary purpose is the transfer of technical knowledge that the recipient lacks[28].

 

Perhaps the most important thing related to technology from the legal point of view is the legal regulation of its transfer, and this regulation may relate to the legal texts and legislation that the legislator, in the recipient developing country, seeks to impose in this field to oblige the parties to the contract to follow it in order to protect the public interest and the country’s economy. It may also relate to the regulation of the same contracts concluded by the parties regarding the transfer of technology. This later way occupies great importance if we take into consideration that this type of contract was not essentially the result of a specific legislation or a specific judiciary itself, but rather arose under the control of the principle that is defined in the jurisprudence of civil law by the freedom of choice[29]. This principle had a great impact on the emergence of rules governing technology transfer contracts, which gave these rules a special legal nature that was not appropriate for contracts that were established within the framework of pre-existing national legal systems, and thus its impact was reflected in the difficulty of adapting those contracts between public law contracts and private law contracts.

 

There is no doubt that the complex legal and technical structure that characterizes technology transfer contracts, which stems from the fact that one of the parties to this contract is a state or one of its public bodies in most cases, has resulted in many legal problems due to the conflict of interests of its parties, the difference in the balance of powers between them, as well as their influence[30]. Besides, the direct effect on the national economy and development plans, hence the importance of having legislation to regulate technology transfer operations, and defining the legal framework for them in order to ensure that countries – especially developing ones – obtain their technological demand. Also, to ensure that national projects are protected from the domination of giant companies that own the latest technological knowledge, especially With regard to limiting the restrictive conditions imposed by the later party.

The necessity of ensuring the existence of legislation for technology transfer is demonstrated by the imbalance in the contractual relationship between suppliers and recipients of technology. While the technology supplier enjoys the strong position that resulted from their ownership and monopoly of the technology subject of the contract, the technology recipient is in a weak negotiating position because of their lack of experience, and their urgent need for that technology. That gives the supplier the opportunity to impose their conditions, and makes the negotiation stage – in many cases – stripped from any value.

In the event that the contracting process is completed, the parties try to realize the full implementation of the contract. However, the occurrence of disputes is a natural thing in transactions, especially in this type of contract, which takes a relatively long time. If and when a dispute arises between the parties to the contract, it becomes vital to define the law applicable to the contract. While the state receiving technology seeks to implement its national law as an expression of its national sovereignty, the private foreign person, who is often a multinational company, is alienated from this approach due to its belief that the application of the national law of the state receiving the technology often leads to negative results against their interest.

Therefore, the private foreign person tries to propose many solutions that lead in their entirety to moving away from the application of the national law of the contracting state to internationalization by various means and methods.

This approach which each of the contracting parties fight over in determining the applicable law exists whether this choice is based on the principle of freedom to contract, both explicit and implicit, or in the event that the parties were completely silent about choosing a specific legal system to govern their contract.

3.4      Barriers to technology Transfer in KSA

The success of environment sound technology is greatly dependent upon the socio-economic factors of the country. Usually, technology transfers are characterized with software and hardware elements like training and education[31]. As there are many stakeholders involved, the process of technology transfer is complicated however, there are identifiable phases. These phases include choice of technology, need identification, evaluating the conditions of technology transfer along with its agreement and implementation. Barrier to ESTs can be present at any of these phases. The underlying barriers can either be generic in nature or can be specific to a sector or technology[32].

3.4.1       Generic Barriers

The commitment of the Kingdom towards sustainable development, the public and private sector as well as the general public of the Kingdom of the Saudi Arabia have placed climate change issues on the top of its list of priorities. The country has ratified the United Nations Framework Convention on Climate Change (UNFCCC) in 1994 and took steps to implement Article 12.1(b) of the UNFCCC. Within the framework of this article significant barrier to technology transfer for the purpose of mitigation and adaptation[33] are as follow:

 

Mitigation Adaptation
Financial and economic Financial and economic
Legal, policy and regulatory Organizational and institutional capacity
Technical Legal, policy and regulatory
Human skills Cultural, social and behavioural
Market imperfection / failure Human skills
Organizational and institutional capacity Market imperfection / failure
Network failures Information and awareness
Cultural, social and behavioural Network failures

Source: TNA Outcomes: http://unfccc.int/ttclear/tna/outcomes.html

 

Financial, economic and market failure barriers are present because of the lack of financial resources in the country as oil is the only major sector which derives revenue for the economy. These barriers are also present due to lack of developed market for technology. In addition to this, foreign investment for technology is hindered because of unstable market conditions. In the case of KSA, the major factor is that of low income and the adaptation and implementation of climate mitigation technologies incurs huge costs than the use of traditional technologies.

On the other side, the macroeconomic conditions in the recipient country also play a very important role in the transfer of technology[34]. Higher import duties, uncertain or higher rate of inflation or interest rate, uncertain tariff and taxation policies along with investment risks are some macroeconomic factors that hinder the transfer of ESTs.

3.4.2      CLIMATE CHANGE MITIGATION

The current approach of KSA to climate change mitigation rests on six strategic programs that promote: 1) energy-efficient buildings and appliances; 2) industrial energy efficiency; 3) market approaches for renewable energy; 4) sustainable energy production from biomass; 5) innovative sustainable urban transport systems; and 6) land use management, as a means to protect carbon stocks and reduce GHG emissions[35]. These aspects are relatively important for overcoming the barriers associated with transfer of environmentally sound technologies in the country as mentioned in Article 12b of the UNFCCC framework.

ENERGY EFFICIENT USE

Among the more than 30 TARs that the KSA has supported over the years, more than a third consist of energy efficient technologies, ranging from efficient lighting and electrical appliances to chillers, boilers, brick kilns and motors; from the design of buildings and construction materials to district heating systems, and from electricity generation and distribution to combined heat and power generation (“cogeneration”) and industrial energy efficiency technologies. Total financing in support of the transfer of energy efficiency technologies is around US $ 1 billion, which in turn has mobilized another US $ 6 billion in co-financing, much of which has come from the private sector of the country in question[36].

3.4.3     RENEWABLE ENERGY

Between 1991 and 2007, GEF approved grants totaling more than US $ 800 million for approximately 150 projects to promote the transfer of renewable energy technologies to developing countries and countries with economies in transition including KSA. Supported renewable energy technologies include solar energy (photovoltaic energy), solar houses and solar water heaters, wind turbines, geothermal sources, small hydroelectric plants, methane, and biomass for the generation of heat and electricity[37].

3.4.4      NEW GENERATION TECHNOLOGIES LOW GREENHOUSE GAS (GHG)

KSA has also supported new low-greenhouse gas (GHG) power generation technologies to reduce startup costs and develop markets. For example, the country has been at the forefront of supporting new technologies such as the combination of concentrated solar energy and gas turbines, natural gasification, biomass gasification through the use of combined cycle generators, the production of photovoltaic energy connected to the grid, the production of photovoltaic energy integrated in buildings and the generation of energy for stationary fuel cells. Allowing developing countries to gain experience with new low-carbon energy technologies generates demand, which increases supply and therefore lowers costs. Lowering costs help developing countries adopt new technologies earlier and on a larger scale than would be possible without external assistance[38].

 

3.5      Barriers of Intellectual property in the development of ESTs

 

As part of the energy transition, the development of green technologies is envisaged as a serious avenue of research to limit the impact of human activity on the environment, and intellectual property is approached as a valuable tool to promote the rise of these technologies. This new analysis, which consists of studying the rules and mechanisms of intellectual property in the field of patents and trademarks and its impact on the environment, leads to going beyond the traditional tools for encouraging the transition to the green economy[39].

Traditionally, the tools used are taxation, through research tax credit and taxation mechanisms, and binding standards for issuance.

Beyond these instruments, the place of intellectual property, its efficiency but also its limits at the global level, makes it possible to measure that intellectual property is a powerful vector. Awareness of the need to promote it within all of its project leaders was necessary. The analysis thus focuses on patent law and trademark law by associating two modes of revolution, one technological and the other social[40].

It must be recognized that patents should not prevent developing countries from gaining access to patented technologies at favourable price terms. According to Article 21 (paragraph 10 of Chapter 34), on the one hand, it is necessary to examine the role of the protection conferred by patents and other intellectual property rights and their repercussions on ESTs, in terms of access and transfer, in particular for developing countries and, on the other hand, to further explore the concept of guaranteed access to ESTs in developing countries, from the perspective of intellectual property rights, with a view to develop effective responses to the needs of developing countries in this area. Action21 (paragraph 18e) of Chapter 34) also specifies that in the case of technologies owned by private companies, measures aimed at developing countries should be adopted, in particular: the adoption by developed countries of measures to encourage their companies to transfer ESTs; the purchase of patents and licenses for transfer to developing countries; prevention of the misuse of intellectual property rights, in particular through compulsory licensing with compensation; financial contribution to technology transfer; and the establishment of mechanisms governing access to ESTs and their transfer[41].

While the patent system creates incentives for innovation, it can also hinder the transfer of technology to developing countries at an affordable price. In some cases, the adoption of climate-neutral technologies or products by developing countries and their companies has been hampered by the patents that protected them and unreasonable demands by their holders on companies in developing countries.

At the beginning of the industrial revolution, industries countries were not keen to protect IPRs like they do today because of dearth of social and economic capacity. The United States for example, implemented a weak IPR protection in the past to allow its innovators to invent and develop more technologies. After developing strong technologies, the U.S. toughened the IPR regime. Developed countries are attempting to ‘kick away the ladder’ with which they have climbed to the top, thereby preventing D.C.s like KSA from adopting policies and institutions that they themselves have used”.[42] TRIPs Agreement functions in a way that promote the interest of developed countries as it prohibits them from following similar path toward economic development and realizing revolutionary inventions (311).the debate related to IPSs to be barriers in the transfer of ESTs is limited to that of utility patents[43]. Though patents are the choice of IPRs with respect to environmental technologies and other types of IPRs will play crucial roles at varying points within the transfer chain. Policy makers should consider the different forms of IPRs as well as its probable impact over the process of technology transfer in deciding as to which policy option is the most suitable for inducing optimal levels of innovation so as to address climate change.

Thus, the current global IP regime allows a handful of developed countries to monopolize the market in the KSA and as a result, stronger IPR protection tends to impede the transfer of EST. When the country accumulates a sufficient science and technology capacities in order to progress innovation, then stronger IPR will become a necessary to protect right holders in market and maintain stable transfer of EST.[44]

In technologies that are related to climate, a gross number of patents is shared by developing countries wherein 36.7 percent of patents related to renewable energy are held by European Union countries, the U.S holds 20.2 percent, Japan holds 19.8 percent, China has 2.9 percent while Korea holds 2.3 percent[45]. These countries have powerful IPRs regimes that hinder Saudi Arabia from accessing these technologies. Firstly, these countries hinder innovation and research that are done by local agencies in the country using monopoly rights. Secondly, powerful IPRs regimes hinder local firms to use EST technologies by introducing expensive prices. Thirdly, even if local firms can pay for the technology, the IPRs regime refuses the deal or comes up with onerous conditions. Therefore, IPRs on ESTs are protected firmly by developed countries and this hinders the ability of countries like KSA to access these technologies and use them to mitigate climate change[46].

Most research with regards to ESTs will, in the near term, originate from developed countries like China, India and Brazil[47]. More than 90% of ESTs are comprised of proprietary knowledge developed by multinational companies. The transfer of such technologies has been, for the most part, left to the market with commercial benefit influencing the decision on whether to transfer or not. Verhoosel observed that the state of affairs gave the protection of IPRs a higher priority than the spread of ESTs. Coupled with the inadequacy of the host countries’ ability (with regard to infrastructure, institutional frameworks and human capital), the technology suppliers’ reluctance to transfer IP leads to a retardation in the development of ESTs in the country.

The flaws in the IPRs framework with regard to ESTs were highlighted[48]. They point out that the economic justification of IPRs incentivizes investment in development of the said technologies and as such, the regulatory environment of KSA should be enhanced in order to incentivize private entities to license their technologies (including. ESTs). Maskus and OKediji are quick to point out the fact that IPRs incentivize R&D only where there is a certain demand for new technology and that the market of KSA is unlikely to be robust enough to incentivize the required R&D in the field of ESTs. This poses a challenge as the private companies holding the IP in ESTs require the existence of a robust IPRs system in the host country. As such, a weakened or non- existent legal and regulatory IPRs framework is likely to impede the access of KSA for ESTs[49]

3.6     Technology Transfer, Absorptive Capacity & Enabling Environment

Technology transfer takes place when there are enough incentives for commercializing a certain technology[50]. Also, other than depending on market size, commercial prospects, governance and the geographical location of the origin, technology transfer must satisfy institutional requirements and interests, including economic and social development policy, legal and regulatory requirements as well as strategic national interests.

Three major impediments to market- controlled transactions in ESTs were identified[51]. The first impediment is the asymmetric information available to the parties of the transfer. Revelation of the technology without diminishing its value is impossible. As such, the acquirer of the technology can not properly value it before acquiring it. The second impediment is the significant of the market power held by the developer\owners of new technology. The effect of this is the pricing of the technology at a level in excess of the economically optimal level. The third impediment is the existence of externalities, which result from an inability of the technology suppliers to gain economic benefit from their technology transfer.

While some technologies might require little to no tailoring to the local environment, most require a bit of tinkering[52]. Technology transfer, they argue, is not realized until the recipient of the transfer can properly use the technology. They further argue that while market controlled transfers have been successful for some technologies, they might not work well for ESTs, in considering environmental services, posits the reason for this to be the fact that most environmental services are provided by governments as public goods and would therefore unattractive to the private sector.

It is observed that a majority of D.C.s rely almost exclusively on developed countries for their local technology requirements[53]. It then follows, as is proposed by the UNFCCC, that the developed countries shall take all practical steps to ensure that ESTs are transferred, or made available to. D.C.s. The study further follow with the assertion that the global system of IPRs presents a major stumbling block when comping up with agreements that concurrently satisfy the technology needs of D.C.s while adequately protecting IPRs in order to spur innovation.

In this view, a technology that is transferred to KSA comes mainly from East Asia, North America and Europe and it is mostly operated by expatriate professionals[54]. KSA’s over-dependence on expatriate workers affects technology transfer because the workers are not fixed permanently in KSA as an infrastructural network country.

Some D.C.s, including Saudi, lack the absorptive capacity that serve as an enabling environment capable of accommodating technology companies to transferring ESTs. “One of the most significant impediments to the transfer of EST is the inability for D.C.s to properly assimilate technology”[55] A successful economy is noted by the ability of its institutions, firms, and entrepreneurs to recognize the value of novel knowledge or new technology as well as to transfer or assimilate it with aim of introducing new service or products to the market in what is called ”absorptive capacity”.[56] “The ability to exploit external knowledge is thus a critical component of innovative capabilities[57]”. The implications of the absorptive capacity of an institution to track its innovative activity are closely related to the ongoing R&D activity as the ability to exploit external knowledge is often the by-product of R&D[58].

Therefore, enabling technology transfer incorporates the development of absorptive capacities by investing in a skilled workforce, guiding how skills are formed in strategic sectors as well as by supporting interaction between firms and academic institutions to facilitate targeting potential skills that are in demand KSA as one of the countries with good institutional settings has an enabling environment as the country is highly specialized in water-related technologies and 1 in every 14 inventions in the country is water-related[59].

Lack of skilled labour, human capital development challenges, over-dependence on foreign labour and weak link between economic sectors and educational system output remains as the dominant secondary challenges that face absorptive capacity and transfer of ESTs in KSA[60].

Main elements of absorptive capacity are innovation system and national capital stock.[61] National stock refers to capital resources and KSA has a rich natural and cultural heritage as well as high-levels of socio-economic development while innovation systems are processes that guide national development. However, the main challenge is effectively implementing environmental laws and lack of international cooperation, especially with powerful IPRs regime countries.[62] In addition, a legitimate concern that KSA has is equating increased environmental regulation with slowing in its industrial development.

3.7     Non-IPRs barriers to the transfer of climate-friendly technology

Number of barriers to ESTs transfer constrain technology firms from investing and undertaking projects in D.C.s. “legal and political conditions in D.C.s increasing risks for foreign investment; social conditions in D.C.s including cultural differences, lack of awareness of EST, and lack of confidence in new EST; market conditions in D.C.s, including the failure of government agencies to promote the use of EST; low technical capabilities and lack of adequate infrastructure; and insufficient investment in research and development, particularly technology adaptation, in developed countries”[63].

Adoption of ESTs is facilitated by political and cultural acceptance and as one of non-IPRs barriers; the Saudi Monarchy used obstruction tactics to derail objectives of climate change mitigation from 2012 to 2018[64]. Social and political tensions that made access to credit to reduce as well as the ‘‘Saudization’’ policy[65] that began in 2011 and which favours local labour force have been barriers, not only to foreign direct investment but also to transfer of ESTs.

Also, legal and administrative obstacles are challenges facing the transfer of ESTs as well as the implementation of policies on foreign investment. Some of these obstacles include sponsorship requirements for expatriate employees and foreign investors, investment approval procedures that are cumbersome and foreign investors businesses being treated differently from domestically-owned ones. At the national level, other than effective, accountable, adaptable and efficient challenges associated with green technologies,[66] the main non-IPRs barrier to the transfer of technology in KSA has been a lack of technical skills to exploit transferred technologies.

Like other new technologies, transfer of ESTs may require on-going support, continuous maintenance assistance as well as other costs associated with training. “The implementation of Saudi Arabia’s INDC is not contingent on receiving international financial support, but KSA sees an important role for technology cooperation and transfer as well as capacity building for INDC implementation”[67].

It is critical that KSA, as a technology recipient country to have a scientific base and prerequisite knowledge for exploiting the technologies. This base should include public and private research laboratories as well as the sound basis of human capital and technical skills. The costs of imitation, adoption as well as follow-on innovation are significantly reduced by these factors. The challenge of incorporating the information from the technology into systems of production increases with an increase in technological distance from the technological global frontier.

3.8      UNFCCC and other Conventions and Agreements

Technology transfer has become a consistent issue of discussion in various international forums including the UNFCCC and the 1992 Earth Summit in Rio de Janeiro. Several provisions of UNFCCC, particularly Article 4.1 and Article 4.4 which recognize that technology transfer is needed to facilitate access of ESTs by D.C.s and that developed countries should not only support the development but also enhancement of technologies in the Global South.[68] Article 4.5 requires developed countries to… take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and knowhow to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties.[69]

The nature of global coordination and cooperation was fundamentally altered by the 2015 Paris Agreement[70] which was adopted at the UNFCCC conference 21st Conference of the Parties. Global leaders agreed to the inclusion of provisions that would encourage the development of frameworks needed for the transfer of the types of ESTs that D.C.s need to adhere to the demands of the Agreement. Article 10 (1) of the Paris Agreement stated the state parties agreed that their ability to reduce greenhouse gas emissions and make the earth resilient to climate change hinged on technology development and technology transfer. Further, article 10(5) of the Paris Agreement states that member states will establish a Financial Mechanism to encourage the development of efforts needed to facilitate access to green technology.

Article 4.4 of the UNFCCC states that “the developed country Parties …. shall … assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects”.[71] KSA is indeed vulnerable to the impact of climate change and in much needed assistance in meeting the cost of adopting to climate change. “Physical, economic and social factors determine the vulnerability of a country to climate change and the Kingdom of Saudi Arabia exhibits significant vulnerability in all three aspects”[72]. It has limited renewable water resources and with about 2.3 percent increase in demographic pressures, climate change continues to affect the Kingdom’s ability to remain sustainable[73].

 

4      Aims and objectives

 

The aim of the research paper is to identify the legal barriers in the transfer of environment sound technology in the Kingdom of Saudi Arabia. Further, this research also seeks to evaluate the contextual barriers in KSA in relations with enabling environment, capacity building, and absorptive capacity to identify the factors that actually or potentially obstruct the flow of the international transfer of technology in general and ESTs in specific. This research will attempt to critically assess the following objectives:

Objectives:

  • To explore how environmentally sound technologies impact sustainability.
  • To evaluate how the international legal framework and regulations (such as TRIPS, UNFCC( and subsequent international agreements) facilitate the transfer of ESTs from developed countries to KSA as a D.C., and the extent to which these frameworks present external legal barriers to ESTs transfer in KSA.
  • To assess the barriers those exist in the transfer of ESTs in KSA.

 

5-       Research question

The study will focus on the barriers over the international transfer of ESTs as well as the impact of IPRs over it. More specifically, the study will attempt to answer the following question:

Q.1 What is the future of environmentally sound technologies external and internal barriers to the transfer of ESTs (for addressing climate change) in KSA, and what are the implications for Saudi legislation and practices?

Sub-Questions:

  1. What does Technology Transfer means?
  2. What are the differences between EST, climate- related technology, clean Technology, green technology?
  3. What is the international legal framework for ESTs transfer? What particular principles, procedures, and methods have been developed to facilitate such transfer?
  4. How ESTs transfer contracts differ from traditional trade contacts? What are the stages that these contracts go through to be completed?
  5. What are the methods of settling technology transfer contracts disputes? What is the law applicable to these contracts in the event of a dispute?
  1. What are the potential legal conflicts between ESTs transfer obligations in UNFCCC agreement and IPRs in TRIPS and how can those conflicts be resolved?
    1. To what extent the technology transfer provisions in TRIPS and UNFCCC Agreements facilitate the transfer of ESTs from developed countries to D.C.s?
    2. What is the practical impact that IPRs play in technology transfer in general and ESTs in specific?
    3. What are the contextual barriers that actually or potentially obstruct the flow of the international technology transfer in general and EST in specific?
    4. What are the legal barriers in the course of supplying and receiving the international technology transfer in general, and specifically how do they impact the international ESTs transfer?
    5. How effective is the Clean Development Mechanism under the UNFCCC in facilitating the transfer of ESTs to DCs?

 

  1. To what extent do Saudi’s domestic trade policies and regulations foster an environment that facilitates ESTs transfer? What form should any changes take?
    1. Has ESTs transfer been regulated in Saudi? What legal barriers exist specifically in Saudi legislation and practices?
    2. Has the introduction of the Paris agreement altered IPRs effect on ESTs transfer to KSA?
    3. How enabling environment, capacity building, and absorptive capacity can promote and facilitate the development and transfer of ESTs?
    4. Would strengthen KSA’s IPRs has a positive impact on ESTs transfer?
    5. Are the fragile environmental regulations and enforcement hindering the successful technology transfer and diffusion in KSA?
    6. Has the introduction of the Paris agreement altered IPRs effect on ESTs transfer to KSA?
    7. Whether Saudi’s domestic trade policies and regulations are more of a barrier to the transfer of technology than IPRS?

 

The implication of the research

The findings of this research will help in the identification of the potential barriers that KSA faces in the transfer of environmentally sound technologies. In order to become sustainable, countries are now considering reducing their GHG emissions and investing in environmentally sound technologies. However, transfer of ESTs holds potential barriers that need to be identified and addressed. The research will serve as a source of determining these barriers which poses a hindrance in the transfer of green technology. The report will elaborate over how different international agreements and its association with the KSA calls for an effective transfer of green technology within the country.

Methodology:

The research report adopts the case study approach by focusing over the barriers of transfer of environmentally sound technologies in the Kingdom of Saudi Arabia which is distinguished approach. The country is categorized as a developing country and the transfer of ESTs in developing countries is quite researched these days. As a result, this research will add in the series with particularly addressing the issues in KSA.

This research will adopt the traditional legal doctrinal methodology also known as Black Letter). This research is mainly based upon library resources, thus the main approach applied in this thesis is doctrinal research, for example, giving an integrated and critical explanation of guidance, rules, principles and standards of the international conventions. Through which, it will explore the relevant treaties applicable to ESTs transfer from developed countries to D.C.s. Firstly focuses on the pertinent texts related to technology transfer in the TRIPS Agreement and the UNFCCC and its subsequent protocols and agreements such as; Kyoto Protocol & Paris Agreement. Secondly, analysis of the UNFCCC in relation with the technology transfer regime in the TRIPS Agreement that deals specifically with the international transfer of ESTs to mitigate and adapt to climate change.

All of the research questions, necessitate legal study and evaluation of the language of the TRIPS Agreement and the UNFCCC, and its subsequent protocols and agreements, to understand the reality of whether IPRs foster the transfer of ESTs to the chosen developing country; KSA. This method also will assist the researcher to analyse the legal aspects of the Saudi Intellectual Property Law and Foreign Investment law to recommend and suggest reforms and/or amendments, if any, to foster the international transfer of ESTs to mitigate and adapt to climate change. The expected outcome of following the doctrinal method is to allow the researcher to conduct a thorough study and analyses of the barriers to achieve more than merely generalizing the thesis topic.

The doctrinal legal method will be reinforced with an empirical case study related to the international transfer of ESTs to KSA as a developing country to evaluate how Saudi sustainable development objective has fared with technology transfer in the context of ESTs and TRIPS. That would no doubt require data collection from the public research institutes and universities as well as interviews with local actors – both commercial and government/regulatory. The chosen entities are categorized as follows:

  • Governmental: The clean development mechanism designated national authority, KSA General Investment Authority, and The Saudi intellectual property authority.
  • Public research institutes: king abdulaziz city for science and technology, king Abdullah economic city, and king Abdullah University of science and technology.
  • Commercial: SABIC, ARAMCO, National Environmental Group, APTIM, Terra Pave international, and couple of other local firms and investors.

The importance of the empirical method in this regard is that it overcomes the limitations of the doctrinal legal method. As setting out the treaty-based institutional frameworks and analysis the relevant legal issues surrounding them may not contribute much to the knowledge. Therefore, an empirical component, based on the EST projects carried out as per the Saudi self-reporting to the Clean Development Mechanism, is likely to develop a niche and expand on the originality of the research contribution. To be able to better understand the effects of IPRs on the transfer and diffusion of ESTs, further empirical evidence is necessary by examining different ESTs in different sectors and countries [74].“Important knowledge gaps remain in terms of understanding the impact of IPRs on the transfer of climate technologies to developing countries”[75]. The relationship between IPRs and economic development of D.C.s is extremely complex and depend on the circumstances of each country[76]. Thus, the issue is empirical in nature and considerably more research need to be done to understand the complexity involve.[77] ESTs transfer has drawn much attention in the world these days mainly because of phenomena of climate change. However, the Middle East in general, let alone KSA, has not been the focus of scholarly attention discussing the transfer of ESTs in conjunction with the TRIPS agreement. Most of the research has been on emerging economy mainly Brazil, China, and India.

5.1      Structure of the report

Chapter 2 of the thesis presents a critical review of the literature on the different concepts useful during this work. Environmentally sound technologies, sustainable development and barrier to transferring ESTs in KSA will be discussed. Then, chapter 3 will present the methodology adopted in our work to set up and validate the proposed solution. Chapter 4 presents the article in which the developed solution is presented as well as the criticism of its performance. The following chapter presents an evaluation of the response to the research problem. The conclusion of the work and the discussion of future work are presented in Chapter 6.

6-     References

 

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[2] Kaebernick, H. and Kara, S. (2006), “Environmentally sustainable manufacturing: a survey on industry practices”, Proceeding of LCE 2006, May 31-June 2, KU Leuven, pp. 19-28

 

[3] Montalvo, C. (2008), “General wisdom concerning the factors affecting the adoption of cleaner technologies – a survey 1990-2007”, Journal of Cleaner Production, Vol. 16 No. 1,

  1. 7-13

 

[4] Del Rı´o, P., Carrillo-Hermosilla, J. and Ko¨nno¨la¨, T. (2010), “Policy strategies to promote eco-innovation”, Journal of Industrial Ecology, Vol. 14 No. 4, pp. 541-557

 

[5] Sangwan, K.S. (2006), “Performance value analysis for justification of green manufacturing systems”, Journal of Advanced Manufacturing Systems, Vol. 5 No. 1, pp. 59-73

 

[6] Ahmedou AO. 2004. National Adaptation Programme of Action to Climate Change NAPA-RIM, Ministry of Rural Development and Environment/Dept. of the Environment, Mauritania

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[9] Ebi KL, Smith J, Burton I, Hitz S. 2005. Adaptation to climate variability and change from a public health perspective. In: Integration of Public Health with Adaptation to Climate Change: Lessons Learned and New Directions. Ebi KL, Smith J, Burton I (eds.). Taylor & Francis, London, pp 1-17.

[10] Legal aspects of the transfer of technology to developing countries, Michael Blakeney, ESC Publishing Ltd, Oxford.

[11] Id.

[12] Rakesh Kumar, Azad Hind Gulshan Nanda, Prabhakar Sharma, Environmentally Sound Technologies for Sustainability and Climate Change, Partnerships for the Goals, 10.1007/978-3-319-71067-9_27-1, (1-11), (2020).

[13] James Shepherd, ‘The Future of Technology Transfer Under Multilateral Environmental Agreements’ 37 ELR 10547 2007 15.

[14] SAGIA Executive Rules, Article 3.

[15] Khor M, “CLIMATE CHANGE, TECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS: CONTEXT AND RECENT NEGOTIATIONS” (2012)

[16] Clément Bonnet, Emmanuel Hache, Gondia Sokhna Seck, Marine Simoën, Samuel Carcanague, Who’s winning the low-carbon innovation race? An assessment of countries’ leadership in renewable energy technologies, International Economics, 10.1016/j.inteco.2019.07.006, (2019).

[17] UNEP, EPO, ICTSD, Patent and Clean Energy: Bridging the Gap Between Evidence and Policy (Munich: EPO, October 2010), available on the Internet at <http://www.epo.or/opic/ssue/leanenerg/tudy.html> (last accessed on 3 November 2010).

 

[18] ‘The Intended Nationally Determined Contribution of the Kingdom of KSA under the UNFCCC’ <https://www4.unfccc.int/sites/nD.C.staging/PublishedDocuments/Saudi%20Arabia%20First/KSA-IND.C.s%20English.pdf> accessed 15 April 2020.

[19] IISD’s SDG Knowledge Hub, “Policy Brief: IND.C.s: Foundation for a Successful Outcome in Paris? | SDG Knowledge Hub | IISD” (Iisd.org, 2015)

[20] Dzebo A and others, “Connections between the Paris Agreement and the 2030 Agenda The Case for Policy Coherence” (2019)

[21] Killmann, W. “Global Warming and the Kyoto Protocol: implications for the paper and wood products industry.” (2000).

[22] Rimmer M, “Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice” (2019) 8 Laws 7

[23] Ibid.

[24] Alshehry AS and Belloumi M, “Energy Consumption, Carbon Dioxide Emissions, and Economic Growth: The Case of KSA” (2015) 41 Renewable and Sustainable Energy Reviews 237

[25]Wogan D, Carey E and Cooke D, “Policy Pathways to Meet KSA’s Contribution to the Paris Agreement”. 2019

[26] ‘UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE’ (n 5).

[27] International Energy Agency, “Technology Without Borders. Case Studies of Successful Technology Transfer”, 2001, available on the Internet at <http://www.iea.or/extbas/ppd/re/00/tifull2001.pdf> (last accessed on 13 October 2010).

 

[28] Binz, C., Gosens, J., Hansen, T., & Hansen, U. E. (2017). Toward Technology-Sensitive Catching-Up Policies: Insights from Renewable Energy in China. World Development, Volume 96 (C), Page no. -418-437

[29] CEP (2016),Global Clean Energy Review Analytics and Graphs, Clean Energy Pipeline, 2016

[30] Glachant, M., & Dechezleprêtre, A. (2017).What role for climate negotiations on technology transfer? Climate Policy, 17:8, 962-981. Available at http://eprints.lse.ac.uk/67598/7/Climate_negotiations_technology%20transfer_LSERO.pdf(accessed on April 25, 2018)

[31] Boldt, J., Nygaard, I., Hansen, U. E., & Traerup, S. (2012).Overcoming Barriers to the Transfer and Diffusion of Climate Technologies.Denmark: UNEP DTU Partnership (TNA Guidebook Series).

[32] De La Tour, A., & Glachant, M. a. (2011).Innovation and international technology transfer: The case of the Chinese photovoltaic industry. Energy policy, 39(2), 761-770.

[33] Glachant, M., & Dechezleprêtre, A. (2017).What role for climate negotiations on technology transfer? Climate Policy, 17:8, 962-981. Available at http://eprints.lse.ac.uk/67598/7/Climate_negotiations_technology%20transfer_LSERO.pdf

[34] OECD. (2017).Investing in Climate, Investing in Growth.Available at https://read.oecd-ilibrary.org/economics/investing-in-climate-investing-in-growth_9789264273528-en#page1(accessed on June 01, 2018)

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[36] Rothenberg, H., & P.C., F. M. (2016).CLEAN ENERGY PATENT GROWTH INDEX (CEPGI) 2015 Year in Review.Heslin Rothenberg Farley & Mesiti P.C. Available at https://www.cepgi.com/2016/10/cepgi_2015_year_in_review.html#more.

[37] UNFCCC. (2014, March 20).Timeline. Retrieved from United Nations Framework Convention on Climate Change: http://unfccc.int/timeline/ on March 18, 2018

[38] Warren, B. (2016, November 28).G20 Climate Change Commitments and Compliance. Available athttp://www.g20-insights.org/wp-content/uploads/2017/02/161128-climate-research.pdf

[39] Tanaka, H., & Iwaisako, T. (2014).Intellectual property rights and foreign direct investment: A welfare analysis. European Economic Review, Vol. 67, 107-124. Available at https://www.sciencedirect.com/science/article/pii/S001429211400021X

[40] Kim, L. (2003).Technology transfer & intellectual property rights: the Korean experience (No. 2). International Centre for Trade and Sustainable Development (ICTSD). Available at https://iprsonline.org/ictsd/docs/KimBridgesYear5N8NovDec2002.pdf.

[41] Glachant, M., & Dechezleprêtre, A. (2017).What role for climate negotiations on technology transfer? Climate Policy, 17:8, 962-981. Available at http://eprints.lse.ac.uk/67598/7/Climate_negotiations_technology%20transfer_LSERO.pdf.

[42]                 Ha-Joon Chang, Introduction, How did the Rich countries Really become rich?, Kicking away the ladder: development strategy in historical perspective, London : Anthem,2002, for whole chapter.

[43] Saudi Arabia, Law of Trademarks (promulgated by Royal Decree No. M/21 of 28 Jumada I 1423 2002- 2007

 

[44]                 GUO Wei, The TRIPs Agreement Does Little to Promote the Development of Technology Transfer to Developing Countries, Management Science and Engineering, Vol. 3 No. 3, 2009, p. 21. [Wei] Available at http://www.cscanada.net/index.php/ mse/article/viewFile/j.mse.1913035X20090303.003/829.

[45] Ibid.

[46] Ibid.

[47] Newell, R.G., Jaffe, A.B., Stavins, R.N. (1999): The Induced Innovation Hypothesis and Energy-Saving Technological Change. Quarterly Journal of Economics114, pp. 941-975

[48] Medhi, N. (2009): Adoption of Environmental Regulations and Diffusion of Environmentally Sound Technologies in Developing Countries. PhD Thesis. Dissertation No. 3410017. Syracuse University

[49] Lane, E. (2011): Clean Tech Intellectual Property – Eco-marks, Green Patents, and Green Innovation.Oxford University Press

[50] “Unctad.Org | Transfer of Technology and Knowledge-Sharing for Development: Science, Technology and Innovation Issues for Developing Countries” (Unctad.org, 2019) <http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=1093>

[51] Benson, C. L., and C. L. magee. 2014. “on Improvement Rates for Renewable energyTechnologies: Solar pv, wind Turbines, Capacitors, and Batteries.” Renewable Energy68: 745–51.

[52] Gallagher, K. (2014): The Globalization of Clean Energy Technology: Lessons from China. MIT Press Sims, Cambridge

[53] Medhi, N. (2009): Adoption of Environmental Regulations and Diffusion of Environmentally Sound Technologies in Developing Countries. PhD Thesis. Dissertation No. 3410017. Syracuse University

[54] Al-Thawwad R, “Technology Transfer and Sustainability -Adapting Factors: Culture, Physical Environment, and Geographical Location” (2008) <https://pdfs.semanticscholar.org/f5b0/64e5eeda25fb1c9c0faaaa5fba88e7372b29.pdf> accessed January 29, 2020

[55] Shepherd (n 39).

[56] “Unctad.Org | Transfer of Technology and Knowledge-Sharing for Development: Science, Technology and Innovation Issues for Developing Countries” (Unctad.org, 2019) <http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=1093>

[57] Wesley M Cohen and Daniel A Levinthal, ‘Absorptive Capacity: A New Perspective On Learning And Innovation’ (1990) 35 Administrative Science Quarterly 128.

[58] ibid.

[59] Krieble B, “OECD-WWC-Netherlands Roundtable on Financing Water Second Meeting 13 September 2017, Tel Aviv Session 1. Background Paper Trends in Water-Related Technological Innovation” (2017)

[60] Achoui MM, “Human Resource Development in Gulf Countries: An Analysis of the Trends and Challenges Facing KSA” (2009) 12 Human Resource Development International 35

[61] Narula, Rajneesh. “Understanding absorptive capacities in an” innovation systems” context: consequences for economic and employment growth.” (2004).

[62] Ibid.

[63] Shepherd (n 29).

[64] Flisnes, Morten Kaldhussæter, “Where You Stand Depends on What You Sell – KSA’s Obstructionism in the UNFCCC 2012-2018” [2012] Oslo.no

[65] Koyame-Marsh R, “Saudization and the Nitaqat Programs: Overview and Performance” (2016) 6 Journal of Accounting 36

[66] Rimmer M, “Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice” (2019) 8 Laws 7

[67] www4.unfccc.int/sites/nD.C.staging/PublishedDocuments/Saudi%20Arabia%20First/KSA-IND.C.s%20English.pdf> accessed 15 April 2020.

[68] Khor M, “CLIMATE CHANGE, TECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS: CONTEXT AND RECENT NEGOTIATIONS” (2012)

[69] ‘UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE’ 33.

[70] Agreement, Paris. “Paris agreement.” In the United Nations. http://unfccc. int/files/essential_background/convention/application/pdf/english_paris_agr element. pdf. 2015.

[71] ‘UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE’ (n 5).

[72] ‘The Intended Nationally Determined Contribution of the Kingdom of KSA under the UNFCCC’ <https://www4.unfccc.int/sites/nD.C.staging/PublishedDocuments/Saudi%20Arabia%20First/KSA-IND.C.s%20English.pdf> accessed 15 April 2020.

[73] Darfaoui, E. M., and A. A. Assiri. “Response to Climate Change in the Kingdom of KSA: A Report Jointly Prepared by FAO and the Department of Natural Resources.” (2010).

[74] Abdel-Latif (n 18).

[75] ibid.

[76] Maskus K. ‘Intellectual property challenges for developing countries: An economic prospective’ university of Illinois law review Vol.2001 P. 458.

 

[77] Ibid.


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