LAW5640 International and transnational law and the green economy

In a world facing potentially devastating impacts from climate change, such as drought, hunger, population displacement and economic decline, the global community has struggled to find consensus on how to avoid such impacts while continuing to achieve economic development. The goals of sustainable development and a "green economy" require technology innovation and diffusion, especially to developing economies. However, these goals conflict with the direction of international intellectual property regimes.

The trend in international environment law is towards greater collaboration, sharing of knowledge, transfer of clean technology, whereas the trend in international IP law, especially in the relevant area of patent law, is the opposite - tending towards enhancing IP rights without providing for effective mechanisms to address pressing environmental concerns. International trade agreements, most notably the WTO, have contributed to the increasing divergence of objectives in relation to IP on the one hand and environment on the other

This unit will examine the intersection - conflicts, challenges and opportunities - between international IP, international environmental and international trade laws. It will identify the points of conflict and incompatibility and will study national, transnational and private initiatives that seek to transcend the challenges and achieve mutual goals.