ABSTRACT

The United Nations General Assembly called for the formulation of an International Code of Conduct on the Transfer of Technology corresponding to the needs and conditions prevalent in developing countries. A number of developing countries have used it as a source of inspiration for the drafting of national laws and regulations on transfer of technology. Numerous instances in which the draft code has been used as a reference work during contractual negotiations have been reported by enterprises. The problems posed by the inability to find consensual solutions to the issues outstanding and the prospects for a successful finalization of the code can best be assessed against the background of internal and external factors affecting or likely to affect the code negotiations. The code negotiations have been characterized from the very beginning by an unacknowledged but explicit conflict between the avowed universal character of the code and its conception and negotiation in the context of North-South economic relations.