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随着全球应对气候变化活动的深入,气候减缓和适应技术在世界范围内的需求全方位扩大,相应的技术转让条款正式出现在国际气候立法之中并不断得以扩充。虽然就何为气候变化领域的技术转让,极少法律文件对此做出专门的书面阐述和区分,但是事实证明,传统的技术转让概念已经不足以解释、涵盖和衡量气候变化框架下的技术转让。作为一种有别于常规商业的运作模式,气候变化技术转让需要得到国际法方面的有效支撑。而这必须是建立在对气候减缓和适应技术、技术转让确切定义的普遍且对接的共识上的。一个具备普遍性、确定性、形式合理性和实践操作性的概念框架有利于消除谈判进程中的理解分歧,理顺国际气候执法并最终切实地推动实践领域的全球气候减缓和适应技术转让。
With the deepening of the global response to climate change, the global demand for climate mitigation and adaptation technologies has been expanded in all aspects. The corresponding provisions on technology transfer have been formally adopted in international climate legislation and are constantly being expanded. While there are very few legal documents that provide for a specific written description and differentiation of what constitutes a technology transfer in the area of climate change, it has turned out that the traditional concept of technology transfer is not sufficient to explain, cover and measure the transfer of technology under the climate change framework . As a different mode of operation from conventional commerce, technology transfer for climate change needs to be effectively supported by international law. This must be based on a common and well-founded consensus on the precise definition of technology for climate mitigation and adaptation and technology transfer. A conceptual framework of universality, certainty, formal rationality and practical operability will help to dispel misunderstandings in the negotiating process, rationalize international climate law enforcement and, ultimately, actually promote global climate mitigation and adaptation to technology transfer in the field of practice.