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Innovation in Energy Law and TechnologyDynamic Solutions for Energy Transitions$
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Donald Zillman, Lee Godden, LeRoy Paddock, and Martha Roggenkamp

Print publication date: 2018

Print ISBN-13: 9780198822080

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198822080.001.0001

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Techno-nationalism in the Context of Energy Transition

Techno-nationalism in the Context of Energy Transition

Regulating Technology Innovation Transfer in Offshore Wind Technologies

Chapter:
(p.74) 5 Techno-nationalism in the Context of Energy Transition
Source:
Innovation in Energy Law and Technology
Author(s):

Catherine Banet

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198822080.003.0005

Techno-nationalism is governments’ protectionist behaviour towards technology innovation and transfer.— Development of law and policy to secure national interest stems from belief that restricting transfer of innovation will benefit national economic growth and protect wealth and energy independency. Although not a new phenomenon, there is a global techno-nationalism revival in the energy transition context. This chapter looks at the compatibility of techno-nationalist measures with the WTO international law regime. It reviews how national legal frameworks support these policies by reference to energy transition legislation, public procurement, local content requirements, and intellectual property rights. It compares nation states’ techno-nationalism behaviour to the duties to share and transfer technology innovation in a liberalized and competitive environment. Among the applicable rules are UNFCC and WTO technology transfer requirements, including green goods provisions. Finally, the margin of appreciation for national governments and the need for legal innovation to ensure technology transfer are examined. .

Keywords:   techno-nationalism, techno-globalism, offshore wind, WTO, UNFCCC, green goods, public procurements, export subsidies, intellectual property rights, technology transfer

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