Annals of Health Law
MAKING A POSITIVE IMPACT
States to the Decade of Action suggests that such multi-lateral participation
should not, at least in theory, be a significant hurdle. This collaboration rests
on the shared belief that there is a need for international governance on the
In further advocating for a framework convention on nanotechnologies,
Abbott et al. argued that one of the strengths of such a multi-party treaty was
the lack of substantive and rigorously articulated obligations within the text
of the legally binding instrument.128 The presence of such “wiggle room” for
parties, in terms of national implementation, ensures that fundamental values
and legal protections, such as individual rights and privacy, are not usurped.
The strength of such an instrument is, therefore, not on the creation of a strict
legal mandate for states.129 Rather, as articulated by Abbott et al., its strength
lies in collaboration and coordination for the purposes of incremental
progress, the gradual hardening of action and obligations, and
implementation of procedures for guiding development of substantive
obligations over time.130
But what fundamental provisions underpin the creation of any such
instrument? Bodansky, in his discussion of the then-proposed FCTC,
elegantly defined the six key elements of a framework convention as follows:
1. Objects and principles;
2. General obligations;
4. Implementation mechanisms;
5. Decision-making procedures; and
6. Final clauses.131
Employing this framework to the proposed FCRS, it is possible to make some
tentative suggestions on how such a significant shift in addressing global road
safety could be fashioned, without going into the substantive detail that
would ultimately underpin such a treaty.
128. KENNETH W. ABBOTT ET AL., TRANSNATIONAL REGULATION OF NANOTECHNOLOGY:
REALITY OR ROMANTICISM?, IN INTERNATIONAL HANDBOOK ON REGULATING
NANOTECHNOLOGIES 525-44 (G. A. Hodge et al. eds., 2010).
129. Lawrence O. Gostin. Meeting Basic Survival Needs of the World’s Least Healthy
People: Toward a Framework Convention on Global Health, 96 GEO. L.J. 331 (2008).
130. ABBO TT ET AL., supra note 128.
131. DANIEL BODANSKY, WHO, THE FRAMEWORK CONVENTION/PROTOCOL APPROACH,
FRAMEWORK CONVENTION ON TOBACCO CONTROL TECHNICAL BRIEFING SERIES PAPER 1 19,
19-31 (1999), available at http://apps.who.int/iris/bitstream/10665/65355/1/