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Health in Global Climate Change Law: The Long Road to an Effective Legal Regime Protecting both Public Health and the Climate journal article

William Onzivu

Carbon & Climate Law Review, Volume 4 (2010), Issue 4, Page 364 - 382

As this article argues, human health – despite facing a serious threat from climate change – remains an ambivalent notion in the substantive, procedural, and institutional aspects as well as the implementation of both the United Nations Framework Convention on Climate Change and the Kyoto Protocol. The article demonstrates that the climate change treaties are biased towards emission reductions largely through mitigation, and this bias is reflected in some domestic climate laws as well. Health is confined to the legal framework on adaptation, but faces challenges in the area of finance and sectoral coordination as well compliance. These challenges inhibit robust action by Parties to undertake health-related measures in the context of climate change. The article concludes by proposing reforms, including a rethinking of the global climate regime through reforms of global and domestic climate law as well as global health law. It proposes functional concepts of adaptive governance and global public goods as the basis for these reforms to bolster the standing of health in the climate legal regime.


The Eco-Patent Commons and Environmental Technology Transfer: Implications for Efforts to Tackle Climate Change journal article

Mark Van Hoorebeek, William Onzivu

Carbon & Climate Law Review, Volume 4 (2010), Issue 1, Page 17

nologies 1. Introduction This article explores a private intellectual property rights initiative as a potential alternative/synergistic framework for promoting clean technology for environmental management, especially to developing countries. The paper considers the eco-patent commons initiative in the context of relevant international, European, and UK domestic law applicable to environmental protection, intellectual property rights, and technology transfer. While there is significant relevant scholarship on technology transfer, the

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