What Can the World Health Organization (WHO), and the 1979 Geneva Convention (CLRTAP) Do, under the Rules of Public International Law (PIL), to Curb Air Pollution Which Has Amplified the Death Toll Rate of the Coronavirus-19 in the World?

92 Pages Posted: 25 Jun 2020 Last revised: 3 Sep 2020

Date Written: June 24, 2020

Abstract

The most important natural resource on the planet earth is air because people, animals and plants (vegetation) need to breathe in clean air that is not polluted in order to be alive. Breathing is a vital natural process which is called respiration. In the process of respiration, also known as “cellular respiration”, a living subject or thing takes in oxygen from the air and expels carbon dioxide (CO2) as a waste product. Therefore, if the respiration of ambient air is intoxicated by the gaseous or chemical substances produced by air pollution (PM 10, 2.5, or 0.5), the lives of people, animals and plants, will be in serious danger. The environment, structures and the ecosystem will also suffer destruction and depletion of the ozone layer (effects of the ozone hole).

This Article strives to scientifically investigate, analyse and demonstrate that the actual public international law rules put in place have not substantively provisioned the remedies and constitutional or treaty mechanisms which should tackle air pollution effectively. Legal Scholar will draw on the public international law instruments of this research question in order to make a preliminary proposed reform that should remedy the devastating effects of air pollution in the World. The Article envisages to substantiate on how air pollution has contributed in increasing the number of deaths on the coronavirus-19 patients around the globe. The study moves on to advice COVID-19 victims on the tortious liability actions they could engage against their national Governments, if they can substantiate that, air pollution aggravated their COVID-19 situations, which injuriously caused them any substantiated loss or harm.

Researcher will move on with his conclusion by inciting Nation-States and the United Nations Organizations, to study the reform he has proposed in this introductory Article and make use of such. The continuation of the greater part of the project will comparatively analyse and investigate on how the national and public international law rules of air pollution countries like France, Britain, the USA, China and India regulate air pollution? The complete project of which this Article is the first part, will be concluded through the presentation of a proposed public international law instrument that should effectively regulate air pollution. Such an instrument will be in the form of a model drafted international treaty of a jus cogens character. It will aim at drastically curbing air pollution and imposing compliance on all Members and non-Members of the United Nations Organization (UNO), who have ratified or not the proposed reform, if adopted by the United Nation Organization (UNO).

Keywords: Air Pollution, COVID-19, National Governments, States, Public International Law and Instruments, International Environmental Law, Tortious Liability

Suggested Citation

Kum, Ekia Gilbert, What Can the World Health Organization (WHO), and the 1979 Geneva Convention (CLRTAP) Do, under the Rules of Public International Law (PIL), to Curb Air Pollution Which Has Amplified the Death Toll Rate of the Coronavirus-19 in the World? (June 24, 2020). Available at SSRN: https://ssrn.com/abstract=3635016 or http://dx.doi.org/10.2139/ssrn.3635016

Ekia Gilbert Kum (Contact Author)

Fon Kum Gilbert Consulting ( email )

PARIS
France

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