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"UNCTAD: Draft Inernational Code of Conduct on the Transfer of Technology, 1985" [2005] ELECD 347; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 124

Section Title: UNCTAD: Draft Inernational Code of Conduct on the Transfer of Technology, 1985

Number of pages: 10

Extract:

124. UNCTAD: Draft International Code of
Conduct on the Transfer of Technology,
1985

Commentary: UNCTAD considered the feasibility of a transfer of technology
(TOT) Code (TD/B/AC.11/22 (1974) & Corr.l) in the light of replies from governments:
see UNCTAD Doc TD/B/C.6/AC.1/3 & Add.1­2 (1975). An intergovernmental expert
group was appointed in 1975 to prepare an initial draft (TD/CODE TOT/1-TD/AC.1/18
(1978)) which was subsequently considered over six sessions by a UN Conference on
an International Code of Conduct on the Transfer of Technology. Thereafter the Code
went through several formulations: see TD/CODE TOT/14 (1979), TD/CODE TOT/20
(1979), TD/CODE TOT/25 & Corr.l (1980), TD/CODE TOT/33 (1981), TD/CODE
TOT/41 (1983) and TD/CODE TOT/47 (1985) (extracted below). In view of the state
of negotiations (TD/B/C.6/109 (1984)) and an expert report on outstanding issues
(TD/CODE TOT/52 (1988)), the UNCTAD Secretary-General conducted further
consultations in 1989 (TD/CODE TOT/54), 1990 (TD/CODE TOT/56) and 1992
(TD/CODE TOT/58). Recent technological developments relevant to the draft code
were noted: see TD/CODE TOT/55 (1990). UNGA Resolution 40/184 (1985), para-
graph 1, observed that `progress has been made . . . but that there are still important
problems outstanding'. UNGA Resolution 48/167 (1993), paragraph 1, similarly
observed that `conditions do not currently exist to reach full agreement on all outstand-
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