Non-Governmental Actors in International Climate Change Law
The Case of Arctic Indigenous Peoples
Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making.
The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of 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 the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change.
Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.
Table of Contents
Part I – Setting the Context
2.International Environmental Governance and Non-Governmental Actors
3.The Participation of Non-Governmental Actors in Climate Change Law-Making and Governance
Part II – A Case Study on Arctic Indigenous Peoples
4.Non-Governmental Actors and a Changing Climate: Learning from Arctic Indigenous Peoples
Part III – Improving Public Participation in Climate Change Law-Making: International Law Instruments
5.Climate Change Litigation: A Bottom-Up Approach to Climate Change Governance
6.A Human Rights-Based Approach to Climate Change: Improving the Participation of Non-Governmental Actors in International Climate Change Law-Making
7.Concluding remarks - Towards a New Significance for Non-Governmental Actors in International Climate Change Governance: A proposal for the Future
Marzia Scopelliti holds a PhD in Law from the Complutense University of Madrid (Spain). She is the author and co-editor of a number of peer-reviewed publications related to her research interests: International Environmental Law, Arctic Governance and Climate Change Law.