SUSTAINABLE DEVELOPMENT THROUGH PUBLIC-PRIVATE
PARTNERSHIPS
Cybersecurity of data collected by States or local administrations has become a major challenge and responds to a strong demand from citizens. In this sense, public authorities are legally23 bound, as soon as they develop data collection, to consider how to develop
this practice while preserving privacy in particular.
Even before the Smart Nation initiative was launched, Singapore had already put in place strict regulations requiring each agency to protect all data in its possession against the risks of unauthorized access. Sensitive personal data, such as tax data and pension savings data, are protected by law. For the protection of personal data, organizations must comply with additional protection measures including data encryption, secure storage and transmission24 requirements. Nevertheless, it is commendable that cybersecurity is a
central requirement of the Singapore Smart Nation Initiative. Especially in view of the risks involved in the increased connectivity of citizens that the project underpins. The country has also made efforts to set up systems and networks that guarantee, in particular, the confidentiality of data. The government has worked with both public and private sector organizations in this regard. October 2016 was the occasion to launch Singapore25's
Cybersecurity Strategy. In addition, data shared between government agencies is made anonymous, which limits the risk to the privacy of citizens. Another aspect of its work is that Singapore's data protection is managed centrally by the Personal Data Protection Commission.
However, the increased risk of data protection violations by soliciting the private sector cannot be ignored. Of course, it should not be assumed that the potential beneficiaries of public-private partnerships are more prone to corruption, for example, that officials in economic issues are distinguished. On the other hand, the use of the
22https://www.tech.gov.sg/Programmes-Partnerships/Programmes-Partnerships/Initiatives/Beeline 23 For a global theory see J. Kosseff « Defining Cybersecurity Law » Iowa law Review vol. 103, 2018, pp. 986-1030.
24 See https://www.pdpc.gov.sg/Legislation-and-Guidelines/Legislation 25 https://www.csa.gov.sg/news/publications/singapore-cybersecurity-strategy
Benoît Lopez
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private sector dilutes the State's control over the implementation of collection, lengthens the chain of command and makes surveillance or investigations difficult. This is particularly true when a service can be managed remotely on the company's premises. In addition, when a company is a subsidiary of a foreign company, it is difficult for it to be mobilized, for example, to repatriate data hosted in a cloud, following an injunction addressed to its parent company. The recent adoption of the Cloud act in the United States26, as well as the discussions around the regulation and the European Union's e-
evidence Directive, underline this. 5. CONCLUSION
In conclusion, the Singaporean experience shows that there is real scope for optimising data collection through public-private partnerships. This approach has the merit of linking the current aspiration of cities to move towards smart cities with the need to make progress on the various topics of the 2030 agenda. The case of Singapore also illustrates the diversity of sustainable development objectives that can be addressed through data collection and processing. However, their use presupposes resolving the legal difficulty imposed by the legal security of data, which States cannot ignore or ignore the corresponding technical costs, even in the name of the pursuit of sustainable development.
26 The Clarifying Lawful Overseas Use of Data Act or CLOUD Act (H.R. 4943) is a United States federal law enacted in 2018 by the passing of the Consolidated Appropriations Act, 2018, PL 115-141, section 105.
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Chapter 10
WHICH ACCESS TO GREEN TECHNOLOGIES FOR
DEVELOPING COUNTRIES?
“We do not inherit the land from our parents, we borrow it from our children”*
DAYANA MORALES MINA
Institute of Juridical Studies, Paris Ud University
SUMMARY: 1. INTRODUCTION 2. A PERMANENT STATE OF CHALLENGES FOR
DEVELOPING COUNTRIES 3. WHICH PATH TO GREEN
TECHNOLOGIES? 3.1 International Cooperation 3.2 World Intellectual Property Organization and Its Green Market. 3.3 Nagoya Protocol Impact. 3.4 Diversity of Actors. 4. CONCLUSION
ABSTRACT:
In order to reach the sustainable development goals developing countries must adapted their new policies to environmental concerns. Aforesaid concerns encourage a renewal of classical economic notions and impulse a global green transition. Nevertheless, developing countries are submitted to specific obstacles dues to their vulnerability to climate consequences and their lacks technical and financial means. Therefore, access and use of green technologies is the keystone for developing countries aspiring to overcome such impediments. The sustainable means for their development is illustrated on the one hand by international cooperation, United Nations initiatives and on the other by civil society initiative.
KEYWORDS:
Green technology; WIPO GREEN; Green economy; Developing Country; Climate Change; Sustainable Development; Intellectual property; Genetic Resource; BioTrade.
* * * 1. PRIOR DEFINITIONS
In order to broach the following topic, meaningful notions will be introduce and explain in this preliminary part.
First of all a developing country can be understood as “a country with little industrial and economic activity and where people generally have low incomes”1. Nevertheless,
* « Nous n'héritons pas de la terre de nos parents, nous l'empruntons à nos enfants », Antoine St-Exupéry’s quote.
Dayana Morales Mina
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there is no universal definition since the status of developing country in the light of the international scene depends on a self-determination of the aforesaid country. Currently, the World Trade Organization – WTO – provides a Generalized System of preference for members states announcing themselves as developing. Simultaneously a Group of 772
countries has be established on the 15 of June 1964 by a “Joint Declaration of the Seventy- Seven Developing Countries” issued at the end of the first session of the United Nations Conference on Trade and Development – UNCTD. Among both organizations developing countries are mostly geographically situated in South America, East Asia and Africa. Their main goal is to eliminate poverty by establishing an effective and stable economy. Still, this undertaking face a major environmental crisis leaded by post industrial period and globalization.
This challenge fit in with the sustainable development goals established by the United Nations 3 and targeted for 2030. The main idea rest on the encounter of 3 pillars
– economy, environment, social community- which leads to a “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”4
So, in order to prevent any prejudice in the development of the next generations and to overcome an environmental crisis, developing countries shall rest on green technologies to constitute a healthy economy.
A technology allows the use for practical purposes of scientific discoveries through systems and devices. The particularity of a green technology rest on eco-friendly products or methods – respectful of environment and harmless for natural resources. Thus, the criteria of “green” does not limit the development of new technologies since it can imply wild sectors such as energy field or even building industry.