International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West

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Abstract

Objectives of the study. The topic of the article touches upon current issues of international technology transfer in the context of the use of illegal unilateral restrictive measures (so-called "sanctions") by the countries of the collective West. There is no doubt that the collective West will always use sanctions pressure. In connection to this, it should be necessary to review the statement, if existing international law mechanisms are in power to give clear answer at this disaster illegal situation. The article analyzes the fundamental international legal acts regulating technology transfer issues, including agreements of the WIPO and the WTO. The principles and approaches to technology transfer embedded in them are studied, an assessment of the effectiveness is given, as well as the achievability of the goals set, taking into account the historical and modern context. Conclusions. The conducted analysis revealed obstacles that have prevented the introduction of a truly effective mechanism for technology transfer at the international level for decades. Among main issues, we should highlight several points including: absence in international law of "technology transfer" conception, absence of such concept implementation mechanics, lack of legally established obligations of advanced countries on technology transfer to developing contries and LDCs. The inability of key international universal organizations to exert practical influence on real, and not declared by them, technology transfer was revealed. Moreover, it was established that the rules of international trade not only do not promote, but significantly hinder international technological transfer.

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About the authors

Vadim A. Nikiforov

Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation; Moscow International University

Author for correspondence.
Email: nikiforov-v.a@yandex.ru
ORCID iD: 0000-0002-6798-3537
SPIN-code: 5500-3608
ResearcherId: 57194205757

Dr. Sci. (Law), Assoc. Prof., Professor of the Department of International Law, Professor of History, Theory of State and Law and International Law Department

Russian Federation, Moscow; Moscow

Evgeny V. Epikhin

Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation

Email: evgeny.epikhin@mail.ru
SPIN-code: 4554-1358

postgraduate student of the Department of International Law

Russian Federation, Moscow

References

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