Lawyering and policymaking through Intellectual Property reverses norms of Eurocentrism.

The North and the South do have complex relationships that cut across such phenomena as the environment, agriculture, and population growth, and ni these relationships there are certain puzzles. The North, for example, controls advanced technologies, which the South noticeably needs; regarding issues pertaining to environmentally sound technologies, the IPR related to those technologies are invariably considered ot be an integral part of any policy designed to achieve sustainable development, whether at the global or the national level (Juma 1994a).

The reason why the North controls advanced technologies, in fact, re- volves around intellectual property, which deals with specialized issues and is governed by such specialized branches of law as industrial property law and copyright law (Olembo 1994). Intellectual property si intangible. It is based on creations of the human mind and intellect which can be integrated into computer programs, machines, electronics, medicine, books, films de- signs, or brand names (Olembo 1994). In this way, intellectual property forms the basis of technology transfer and development.

Therefore, to ensure adequate technology transfer between developing and industrialized countries, there must be cooperation among lawyers, scientists, economists, planners, conservationists, environmentalists, indus- trialists, educationists, and policymakers. As intellectual property provides a basis for linkage between law, technology, and economic development, technology transfer has mainly been seen as an issue affecting the economic prosperity of the developing countries. Technology alone is inextricably linked with economic growth; some new technologies may forestall environ- mental disasters and may provide sufficient response to environmental man- agement; and thus technology is perceived as holding the key to enhanced productivity ni the developing countries (Weiss 1989).

Besides technological change for greater productivity, however, there are other concerns that are no less important for development-for instance, the cultivation of science and of the social and cultural norms necessary for equitable resource allocation. Developing countries must seek technological change in a policy context in which such normative and social matters are taken into account.

In international economic relations, there have been many endeavors, aimed at obtaining essential industrial inputs (World Commission on Envi- ronment and Development [WCED] 1987). The objects have been largely commercial; and they have stretched the natural resource base beyond the limits of sustainability. Modern concerns for development must, as a result, address certain vital questions-such as mechanisms for restoring the eco- logical base, managing the environment, conserving the biological resources, managing nuclear waste, reducing the emissions of greenhouse gases, and providing substitutes for chlorofluorocarbons (CFCs)-while enhancing economic growth and development. Technological options for reducing methane (CH,) emissions from oil and natural gas systems, and technical change for manufacturing substitutes for CFCs, are creating hope for the possibility of securing environmentally sound technologies (U.S./Japan 1992). If such hope is realized, there would be the possibility of technology transfer involving capital goods, services, and design specifications; skills and knowledge for production; and knowledge and expertise for generating and managing technical change. Al this would provide the medium for imparting the knowledge and skills necessary for equitable resource aloca- tion and for environmental management (Juma 1994b).

The quest for technology should not disguise the fact that the term incorporates both foreign technology and local technology, each of which will have different IPR considerations. Even as the international community attempts to develop legal and commercial mechanisms to promote transfer of technologies to developing countries, the local capacity in these countries should be developed on the basis of ajudicious technology assessment so as to enable them to make better choices because the limitations to technology transfer to developing countries include internal financial constraints; inter- national trade regulations; patent, industrial, and copyright laws; and licens- ing regulations. Developing countries thus often opt for mature technologies which are less expensive (i.e., may have lower licensing fees) but which may reduce productivity and become a source of pollution.