Environmental Technologies, Intellectual Property and Climate Change (ed. Abbe E. L. Brown)

Editor

Abbe E.L. Brown

Keywords

development studies, law and development, environment, climate change, innovation and technology, technology and ict, academic law, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights

Abstract

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.

1. Low carbon futures for all? Strategic options for global availability of environmental technologies 29 Keith Culver

2. The puzzling persistence of the intellectual property right/climate change relationship 59 Navraj Singh Ghaleigh

3. Failure is not an option: enhancing the use of intellectual property tools to secure wider and more equitable access to climate change technologies 84 Jon P. Santamauro

4. Partnership and sharing: beyond mainstream mechanisms 108 Anna Davies

5. Public–private partnerships for wider and equitable access to climate technologies 128 Elisa Morgera and Kati Kulovesi

6. Climate change, technology transfer and intellectual property rights: a modest exercise in thinking outside the box 152 Krishna Ravi Srinivas

7. Access to essential environmental technologies and poor communities: why human rights should be prioritized 181 Oche Onazi

8. Achieving greater access: a new role for established legal principles? 198 Abbe E.L. Brown

9. The ‘new normal’: food, climate change and intellectual property 223 Baskut Tuncak

10. Intellectual property: property rights and the public interest 249 James McLean

11. A view from inside the renewable energy industry 265 Mervyn D. Jones

12. A private institutional investment perspective 271 David A. McGrory

Citation

2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.

Paper

Environmental Technologies, Intellectual Property and Climate Change

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An Environmental Rights Amendment: Good Message, Bad Idea (J. B. Ruhl)

Author(s)

J.B. Ruhl

Keywords

Constitutional law, United States constitution, environmental law, right to clean and healthy environment, rights of future generations, natural resources, national natural resources, constitutional amendment

Extract

“After having lain dormant for almost twenty years, proposals for an amendment to the United States Constitution that would elevate environmental protection to the status of a fundamental right are on the rise. Since 1990, several such measures have been offered by groups as diverse as New Jersey fifth graders and well-funded environmental preservation organizations. Now, led by concerned members of thirty-seven state legislatures, a politically viable initiative is fully underway to have such a resolution introduced in Congress. See Richard L. Brodsky and Richard L. Russman, A Constitutional Initiative, Defenders, Fall 1996, at 37. The proposed language of their environmental rights amendment declares:

The natural resources of the nation are the heritage of present and future generations. The right of each person to clean and healthful air and water, and to the protection of other natural resources of the nation, shall not be infringed by any person.

These two sentences, faithful to the constitutional tradition of conciseness, express an elegant message of national commitment to environmental protection and to a future of environmental sustainability. But what a terrible idea it is to embody that message in the form of an amendment to the Constitution” (46).

Citation

(1996-1997) 11 Natural Resources & Environment pp. 46-49

Paper

An Environmental Rights Amendment: Good Message, Bad Idea

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Gas Flaring, Environmental Corporate Responsibility and the Right to a Healthy Environment: The Case of the Niger Delta (B.E. Umukoro)

Author

Brown E. Umukoro

Keywords

Human Rights, Environmental Rights, Right to Life, Constitutional Law, Nigeria, Oil, Public Policy

Extract

Introduction
[…]
In this chapter, we thus discuss the national legal framework for the continuation of gas flaring in Nigeria, the advancement of the concept of threat to right to life to include harmful activities of multinational companies and how these companies can be held accountable for the environmental degradation caused by oil exploration activities in Nigeria. It then closes with some valuable suggestions for strengthening the will of the Nigerian government in overcoming its weakness in the effective enforcement of environmental laws and policies.

Citation

(2009) in Law and Petroleum Industry in Nigeria: Current Challenges, 49, Eneri and Deinduomo (Eds.), Malthouse Law Books

Paper

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The Right to a Satisfactory Environment and the Africa Commission (K. Ebeku)

Author

Kaniye Ebeku

Keywords

Human Rights, Right to a Healthy Environment, Comparative Law, Common Law, Islamic Law, Constitutional Law, Africa, Nigeria, Oil

Extract

Summary
This article emphasises that the right to a satisfactory, healthy or clean environment is enshrined in over 60 constitutions from all regions of the world. Moreover, it is suggested that there is an increasing trend by victims of environmental damage to invoke human rights for protection and redress. National courts and global and regional human rights monitoring bodies, such as the UN Human Rights Committee and the Inter-American Commission, have addressed this issue. It is encouraging that the African Commission recently decided a case concerning the impact of oil operations in the Niger Delta, concluding that the African Charter recognises the importance of a clean and safe environment. The decision recognises a nexus between socio-economic rights and the right to environment to the extent that the environment affects the quality of life and safety of individuals and groups. In finding Nigeria in violation of the Charter, the Commission stated that the right to a satisfactory environment ‘requires the state to take reasonable and other measures to prevent pollution and ecological degradation, to promote conservation, and to secure an ecologically sustainable development and use of natural resources’.

Citation

(2003) 3 African Human Rights Law Journal 150

Paper

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The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing (L. Parks and E. Morgera)

Authors

Louisa Parks and Elisa Morgera

Keywords

benefit-sharing, international law, environmental law, human rights law, human rights, oceans law, regulation, national law, regional law, indigenous peoples, local communities, norm diffusion, scholarship, conservation, sustainability, natural resources, power asymmetry

Abstract

No systematic study discusses the evolution of fair and equitable benefit-sharing across various areas of international law (environment, human rights, oceans), as well as at different levels of regulation (regional and national laws and guidelines, private law contracts, transboundary codes of conduct, customary laws of indigenous peoples and local communities). This article explores the usefulness of an interdisciplinary approach to the study of norm diffusion for understanding how and why fair and equitable benefit-sharing is articulated in different sites. The article discusses mechanisms, actors and frames in norm diffusion, drawing on literature from sociology, international relations and law. The article uncovers underlying similarities in scholarship on norm diffusion across the disciplines considered. It also reflects on the value of an interdisciplinary approach that encourages legal scholars to consider the implications of power structures in the diffusion of law, while the nuances of legal knowledge may lead other social scientists to revisit accepted findings on norm diffusion. These findings appear particularly useful for informing an assessment of the potential of fair and equitable benefit-sharing to promote the conservation and sustainable use of natural resources in a fair and equitable manner in the face of power asymmetries.

Citation

(2015) 24:3 Review of European, Comparative and International Environmental Law 353-367

Paper

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing

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