Abbe E.L. Brown
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
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
2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.
Constitutional law, United States constitution, environmental law, right to clean and healthy environment, rights of future generations, natural resources, national natural resources, constitutional amendment
“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).
(1996-1997) 11 Natural Resources & Environment pp. 46-49
Brown E. Umukoro
Human Rights, Environmental Rights, Right to Life, Constitutional Law, Nigeria, Oil, Public Policy
(2009) in Law and Petroleum Industry in Nigeria: Current Challenges, 49, Eneri and Deinduomo (Eds.), Malthouse Law Books
Human Rights, Right to a Healthy Environment, Comparative Law, Common Law, Islamic Law, Constitutional Law, Africa, Nigeria, Oil
(2003) 3 African Human Rights Law Journal 150