Climate-related Technologies
Input on Technologies related to Climate Change and their Impacts on Human Rights
Special Rapporteur on Climate Change
South Centre
September 2026
Technological progress alone cannot resolve the compounding crises of climate change, biodiversity loss, and pollution. Without a human rights-centred framework, deploying speculative and capital-intensive technologies risks reproducing historical extractivism and shifting ecological and social burdens onto developing countries and vulnerable communities.
The South Centre has submitted its formal input to the UN Special Rapporteur on the promotion and protection of human rights in the context of climate change, addressing the multifaceted impacts of climate-related technologies.
Drawing on landmark advisory opinions from the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), as well as the Right to Science under Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), our submission underscores four structural priorities:
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Comprehensive Social Life Cycle Assessments (SLCAs): Assessments must go beyond operational carbon accounting to evaluate the full value chain—from upstream mineral extraction and localized water depletion to downstream e-waste disposal.
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Binding Due Diligence & Precautionary Principle: States hold an objective duty to prevent significant transboundary harm. Stringent necessity tests, human rights impact assessments, and Free, Prior, and Informed Consent (FPIC) are mandatory before licensing new interventions.
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Operationalising Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC): Advanced economies with greater historical responsibility must fulfill obligations via direct domestic decarbonization, public grant-based climate finance, and unencumbered technology transfers, not by treating developing nations as testing grounds for high-risk offsets.
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Safeguarding Sovereign Regulatory Space from ISDS: Outdated international investment agreements with Investor-State Dispute Settlement (ISDS) mechanisms and speculative discounted cash flow damages lead to “regulatory chill”. States must protect their policy space to drive community-based defossilisation without the threat of multi-billion-dollar investor arbitrations.
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The Intersection Between Intellectual Property, Public Health and Access to Climate-Related Technologies
By Lívia Regina Batista
On the 20th anniversary of the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and Public Health adopted by the World Trade Organization, we realize that its impact is beyond issues of public health stricto sensu. The Doha Declaration has inspired discussions at the Council for TRIPS regarding access to climate-related technologies. Climate change is the main and most globalized environmental problem with adverse effects on public health, especially for the vulnerable communities in the Global-South. The main argument of the proponents of the discussion in the TRIPS Council is the need to rebalance public interests (such as public health and environmental/climate issues) with the private/economic interests of the most powerful countries and corporations. This debate addresses both the recognition of intellectual property rights as an important means for the promotion of technological innovation, and the required wider dissemination of technologies – be they medicines or climate-related technologies. This research paper explores the possibilities that the TRIPS Agreement and the Doha Declaration create for international transfer of climate-related technologies. Even though such discussions on climate-related technologies have initially failed in linking climate change and public health, as well as the rhetoric of human rights, the relevance of the topic remains. Besides that, the response to public health issues also must learn from the experience in climate change, such as the case studies evidencing the insufficiency and inefficiency of fast-tracking programs to provide for a wider dissemination of technologies – which have now been widely replicated to address the COVID-19 pandemic. Such comparison can also be an entrance point to discuss the public health implications for the international regime on climate change, highlighting that such issues are deeply intertwined, and need to be addressed jointly as well.
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