Mahatab Uddin - Academia.edu (original) (raw)

Papers by Mahatab Uddin

This book explores the possibilities and scope of facilitating innovation and transfer of environ... more This book explores the possibilities and scope of facilitating innovation and transfer of environmentally sound technologies in the post-Paris climate era. The book will first focus on the role of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the 'flexible mechanism' (i.e. indirect financial mechanisms), which has been reintroduced by the Paris Agreement as the 'voluntary cooperation' or 'sustainable development' mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis of the efficiency of the technology transfer mechanism under the global climate regime in comparison with the technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issue of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws, e.g. intellectual property laws, investment related laws governed by the World Trade Organization (WTO), can play a role in facilitating transfer of environmentally sound technologies. Another important aspect that this book will cover is the potential roles that private sectors can play in innovating and transferring environmentally sound technologies under the above-mentioned instruments of international law. In short, this book will be based on the argument that if the global climate regime and the international trade regime collaborate with each other in creating an enabling environment and attracting private sector investment in the field of environmentally sound technologies, the global challenges of innovation and the transfer of environmentally sound technologies to the developing and least developed countries can be fulfilled in a more efficient manner. From a conceptual perspective, discussions and analyses in the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC)two of the guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. In addition, national and international level policy-makers dealing with climate change and sustainable development will benefit greatly from this book.

This Article examines the role of international law in the innovation and transfer of green techn... more This Article examines the role of international law in the innovation and transfer of green technologies in the context of South-South cooperation. It argues that collaboration merely between developed and developing countries is insufficient and that cooperation among advanced developing and developing countries is essential. To ensure wide innovation and transfer of green technologies, international laws dealing with climate change and international trade related issues must play major roles. As such, this Article demonstrates how these branches of international law can facilitate South-South cooperation in the innovation and transfer of green technologies and proposes methods for creating a favorable environment for innovation and transfer in light of the global climate regimes and trade-related legal frameworks.

SSRN Electronic Journal, 2021

Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are appli... more Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are applicable for climate change mitigation technologies, the latter kind is more appropriate for climate change adaptation. This is because unlike mitigation technologies, most of the adaptation methods involve some form of technology that broadly cannot be considered as mere product or equipment. Instead, these technologies are broadly considered as various forms of ‘knowledge’ or ‘know-how’. While the mostly ‘product’ or ‘tool’ based ‘hard’ kinds of mitigation technologies are protected by intellectual property rights (IPRs) and brings financial benefit to the IPRs holders, typically ‘knowledge’ or ‘information’ based ‘soft’ kinds of adaptation technologies are vastly considered as ‘public good’, which are not protected by IPRs, nor bring any financial profit for the knowledge generators or the original knowledge holders. This paper assesses whether these soft kind of ‘knowledge’ or ‘know-how’ climate change adaptation technologies can be brought under modern IPRs system as such considered as commercially valuable. The study suggests some modification of existing system, where necessary. Finally, the study suggests introducing a ‘sui generis’ protection for community knowledge or traditional knowledge adaptation technologies.

Adaptation and mitigation are two important tools to battle against climate change. Combating cli... more Adaptation and mitigation are two important tools to battle against climate change. Combating climate change requires widespread innovation and transfer of both adaptation and mitigation technologies. However, the global law and policy regime on climate change is still more focused on mitigation than that of the adaptation. Consequently, innovation and transfer of new adaptation technologies lag behind in comparison with innovation and transfer of mitigation technologies. Investors or research organizations are reluctant to invest in identifying or developing adaptation technologies since mostly 'knowledge' or 'know how' based 'software' kinds of adaptation technologies are not entitled to receive intellectual property (IP) protection. This article assesses possibilities of protecting community knowledge and traditional knowledge 'soft' adaptation technologies through modern Intellectual Property Rights (IPRs). The assessment is done on the basis of the following three criteria-the nature of ownership, the nature of protected object, and the term of protection. The article concludes finds that if no modification takes place, the existing IPRs system might not suitably protect community knowledge or traditional knowledge adaptation technologies. Accordingly, the study suggests introduction of a sui generis protection system for community knowledge or traditional knowledge adaptation technologies.

Climate Change Law, Technology Transfer and Sustainable Development

Various sources of marine pollution from ships have prompted the development of many internationa... more Various sources of marine pollution from ships have prompted the development of many international conventions under the auspices of the International Maritime Organization (IMO). Of these, the International Convention for the Prevention of Pollution from Ships (hereinafter MARPOL 73/78/MARPOL Convention) is the most important. It covers the issues of prevention of vessel-source pollution by oil, noxious liquid substances in bulk, harmful substances carried in packaged form, sewage and garbage and also of air pollution from ships. This chapter presents a brief overview of the IMO conventions on vessel-source marine pollution preparedness, response, cooperation and intervention as well as marine pollution liability and compensation. In addition to conventional vessel-source pollution, international shipping has many unintended effects on the marine environment. One such effect is harmful aquatic organisms carried by ballast water and harmful aquatic organisms, which accumulate on mar...

Technology and policy play a twofold role in international environmental laws. Stronger environme... more Technology and policy play a twofold role in international environmental laws. Stronger environmental policies encourage new green technologies and likewise, better technologies make it easier to r ...

Climate Change Law, Technology Transfer and Sustainable Development, 2021

Legal Times, Apr 2021, Vol.5, Issue VIII

Legal Times , April, 2018, 2018

Legal Times, September 2018, 2018

Legal Times, 2020

In the time of Coronavirus (COVID 19) pandemic, which requires us to avoid face-to face contact, ... more In the time of Coronavirus (COVID 19) pandemic, which requires us to avoid face-to face contact, like most other industries, Alternative Dispute Resolution-ADR industry of Bangladesh has also been shut down. Scientists and policy makers are still uncertain as to when as-usual business activities will be resumed. Hence, taking lesson from COVID 19 pandemic experiences, we need to prepare ourselves in a manner so that future ADR industries do not necessarily face any unexpected shutdown. For this, we need to create virtual model of ADR industry. Alongside the traditional method of face to face ADR, in Bangladesh we need to introduce teleconference based ADR or we can employ internet technologies to conduct video conference based ADR in wide scale. Before introducing these mechanisms, we should also conduct some studies regarding similar methods which have been introduced some other places of the world. Forms of ADR in Bangladesh: In Bangladesh ADR practices that consist of mediation 1 , arbitration 2 , conciliation 3 , traditional salish 4 and Ngo modified 1 Mediation refers to 'flexible, informal, non-binding, confidential, non-adversarial and consensual dispute resolution process in which the mediator shall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise'. See Sec. 89 (A), The Code of Civil Procedure (Amendment) Act, 2003. 2 'Arbitration is the private, judicial determination of a dispute, by an independent third party'. See Mediate Canada, https://www.mediate.com/articles/grant.cfm (last accessed on May 12, 2020) 3 Conciliation is 'a form of alternative dispute resolution, similar but less formal than mediation, in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications and explore possible solutions' , see https://www.yourdictionary.com/conciliation (last accessed on May 12, 2020) 4 Traditional Salish is 'an institution which goes back to traditional forms of conflict salish 5 can be broadly grouped into three groups-formal or judicial ADR practice, quasi formal ADR practices, and informal ADR practices. Formal ADR practices include arbitration or mediation under The Code of Civil

International Marine Environmental Law and Policy , Routledge 2018

This chapter presents a brief overview of the International Maritime Organization (IMO) conventio... more This chapter presents a brief overview of the International Maritime Organization (IMO) conventions on vessel-source marine pollution preparedness, response, cooperation, and intervention as well as marine pollution liability and compensation. It also presents a brief overview of legal instruments covering these issues. Further, the chapter examines the issue of marine environmental pollution by the ship recycling industry. It introduces a compulsory Energy Efficiency Design Index for new ships. The Energy Efficiency Design Index has binding obligations of greenhouse gases emissions reduction and establishes a minimum energy efficiency level per capita mile. The international regime for the protection of the marine environment includes the legal and jurisdictional framework for the prevention, reduction, and control of marine pollution from ships. Various sources of marine pollution from ships have prompted the development of many international conventions under the auspices of the International Maritime Organization. In 2004, the IMO adopted the International Convention for the Control and Management of Ship's Ballast Water and Sediments.

Journal of Judicial Administration Training Institute , Volume XX, 2021, 2021

The impact of intellectual property rights (IPRs) over various sectors of the world has been incr... more The impact of intellectual property rights (IPRs) over various sectors of the world has been increasing since the adoption of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While IPRs act as a stimulator for innovation of new technologies, the wide-scale introduction of IPRs for diverse kinds of innovation does not equally benefit all countries of the world. For instance, the introduction of IPRs over agro-biotechnological innovation has created some food security concerns for developing and least developed countries. While three-quarters of the global population who live below the poverty line are dependent on agriculture for their livelihoods, it is presumed that the use of patents on plant genetic resources may jeopardize food security in the southern world. This paper figures out the nature of the relation between the inclusion of IPRs in agro-biotechnology and food security in the southern world consisting of developing and least developed countries. Accordingly, the paper manifests the precise impacts of
the introduction of IPRs in agro-biotechnology innovation and their consequences on food security in the low or medium-income developing and least-developed countries.

Asia Pacific Journal of Environmental Law