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为人类共同的环境利益,根据国际环境法的共同而有分担的责任原则,国际法律文件对向发展中国家转移环境无害化技术多有涉及,但发达国家在谈判和制定相关法律文件的过程中极力淡化相关条款的法律效力,实际执行的效果更是不尽如人意。在知识产权、竞争政策、贸易与投资自由化等领域,这种转移陷入错综复杂的政策法律困境。发达国家履行技术转移和资金援助的承诺是解决问题的关键。建立财政援助和承担责任的保障机制、加强国内法治与能力建设成为解决这一问题的根本途径。
For the common environmental benefits of mankind, according to the common and shared responsibility principle of international environmental law, international legal documents are mostly involved in the transfer of environmentally sound technologies to developing countries. However, the negotiation and formulation of relevant legal documents by developed countries In the most desalination of the relevant provisions of the legal effect of the actual implementation of the effect is even less satisfactory. In the fields of intellectual property rights, competition policy, trade and investment liberalization, such a transfer has been trapped in a complex policy and legal dilemma. The fulfillment by developed countries of their commitment to technology transfer and financial assistance is the key to solving the problem. Establishing the guarantee mechanism for financial assistance and assuming responsibility and strengthening the rule of law and capacity building in our country have become the fundamental solution to this problem.