Non-Governmental Actors in International Climate Change Law: The Case of Arctic Indigenous Peoples

This book explores the role of non-governmental actors in international climate change law-making and proposes a reform of the United Nations Framework Convention on Climate Change institutional arrangement to enhance their participation. It argues that a human rights-based approach recognizes individuals and groups as rights-holders under human rights law, providing a legal basis for the enhancement of non-governmental actors' procedural rights and establishing the right to participation as a right in itself. The book is intended for a broad readership and will be useful to academic researchers, law practitioners, policy-makers, and non-governmental organization representatives.

Format: Hardback
Length: 160 pages
Publication date: 29 July 2021
Publisher: Taylor & Francis Ltd

Focusing on how to enhance the participation of non-governmental actors in the making of international climate change laws, this comprehensive book delves into the significance of a human rights-based approach to international climate change law-making. It explores a potential reform of the United Nations Framework Convention on Climate Change (UNFCCC) institutional arrangement, drawing inspiration from the participatory practices and models of Arctic Indigenous Peoples in the Arctic Council.

Different non-State entities play a vital role in the development and enforcement of the climate change regime by expanding the knowledge base of decision-making, ensuring State compliance with their commitments, and engaging in private initiatives to mitigate the impacts of global warming. While non-governmental and subnational actors increasingly collaborate with States in shaping the climate change regime, the category of observers through which they participate in intergovernmental negotiations only grants them limited rights, and their participation in international norm-making has faced challenges at times.

The relevance of a human rights-based approach lies in recognizing the status of individuals and groups as rights-holders under human rights law, a paradigm first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the primary governance forum for the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for enhancing the procedural rights of non-governmental actors. It advocates for the establishment of the right to participation as a right in itself, fostering greater inclusion and engagement in the climate change discourse.

Furthermore, the book examines the challenges and opportunities that arise from the intersection of human rights and climate change, including the role of international and regional institutions, the need for legal frameworks, and the potential for innovative approaches to climate change governance. It sheds light on the experiences of non-governmental actors in engaging with the UNFCCC and other international climate change forums, highlighting their contributions to the development of climate change policies and practices.

By adopting a human rights-based approach, this book aims to empower non-governmental actors to play a more active and meaningful role in shaping the global response to climate change, ensuring that the voices of diverse stakeholders are heard and that the rights and interests of vulnerable communities are protected. It serves as a valuable resource for policymakers, researchers, and activists seeking to promote greater inclusion and equity in the climate change discourse and to achieve a sustainable and just future for all.

Weight: 404g
Dimension: 160 x 242 x 18 (mm)
ISBN-13: 9780367645250