Annals of Health Law
MAKING A POSITIVE IMPACT
D. Implementation Mechanisms
As noted by Bodansky,138 such measures typically focus on national
reporting mechanisms and may or may not include dispute resolution or
compliance procedures. Local, national, and regional data collection and
benchmarking are fundamental for underpinning legislation and strategies
designed to reduce the road-related injury burden.139 The importance of data
and reporting mechanisms was stressed in the text of U.N. document
A/66/L.43, which served as a follow-up to Resolution A/64/255,
“welcom[ing] official national and local launches of the Decade of Action for
Road Safety 2011-2020 in over 100 countries around the world,”140 and
included such mechanisms as key components of national implementation
activities.141 A particular focus has been placed on strengthening the
infrastructure and technical capacity within developing countries.142 The
proposed FCRS should build on these, and the infrastructure associated with
them, rather than start anew.
E. & F. Decision-Making Procedures and Final Clauses
There are a number of framework conventions on which these procedures
and mechanisms may be modeled, including, for example, the FCTC and the
Framework Convention on Climate Change.143 As such elements of a treaty
are not focused on the substantive issues of the instrument, consideration of
how these may be structured is outside the scope of this article.
V. NAVIGATING THE ROAD FORWARD
The authors of this article are not so naïve as to assume that a FRCS would
be universally welcomed. There is a long history of opposition to
government intervention on the basis of paternalism within the road safety
arena. This includes, as highlighted in this article, opposition to the
legislating of seat belts and motorcycle helmet wearing, to name a few.144 It
138. Bodansky, supra note 131, at 27-28.
139. See WHO GLOBAL PLAN OF ACTION, supra note 3, at 10.
140. U.N. GAOR, 66th Sess., U.N. Doc. A/66.L.43, at art.1 (Apr. 4, 2012) (italics added).
141. See id. at art. 6, which “encourages Member States to improve and strengthen road
safety data collection and management systems through the standardization of definitions and
reporting practices and investments into multisectoral road traffic crash surveillance and
142. See WHO GLOBAL PLAN OF ACTION, supra note 3, at 10.
143. BODANSKY, supra note 131, at 28-31.
144. See, e.g., Kenneth E. Warner, Bags, Buckles, and Belts: The Debate over Mandatory
Passive Restraints in Automobiles, 8 J. OF HEALTH POL., POL’Y AND L. 44, 44-75 (1983);
Madeline S. Kropoth, Mandatory Seat Belt Usage in New Jersey, 9 SETON HALL LEGIS. J. 549,