Sébastien Duyck | University of Lapland (original) (raw)

Climate Change Law by Sébastien Duyck

During the two first weeks of December 2015, the UN Climate Conference in Paris will put climate ... more During the two first weeks of December 2015, the UN Climate Conference in Paris will put climate change back at the center of the agenda of the international community. Since the beginning of this year, climate change also emerged as a major theme of the ongoing US chairmanship of the Arctic Council, the country committing to work through the Council and its Working Groups towards better addressing climate impacts across the circumpolar world.

In the context of these parallel developments, we review the role that the Arctic plays in relation to these international climate negotiations. How have Arctic climate change been addressed so far by two decades of climate negotiations? Who is “speaking for” the Arctic in this process? Will the Paris climate agreement have an impact on policy and economic developments in the Arctic? Before addressing each of these questions, we will provide a short overview of what the Paris Climate Conference is expected to deliver.

This introduction situates the contributions to this special issue within the broader legal and s... more This introduction situates the contributions to this special issue within the broader legal and scholarly developments that concern the relationship between public participation and climate governance. It begins by discussing the origins and scope of the principle of public participation in international environmental and climate law. It then provides an overview of three broad strands of research that have examined the role and prospects of public participation, collaboration and deliberation in the governance of complex environmental issues such as climate change. It concludes by identifying a number of lines of inquiry that could inform future research on the relationship between public participation and climate governance.

The 1998 Aarhus Convention constitutes a landmark international agreement to promote public parti... more The 1998 Aarhus Convention constitutes a landmark international agreement to promote public participation, not only domestically, but also at the international level. In 2005, its parties adopted specific guidelines on the promotion of its principles in international forums and established institutional arrangements
to promote the implementation of this instrument. This article provides an assessment of the work undertaken under the Aarhus Convention in the past 10 years in this respect, discussing the roles played by three main categories of actors: civil society organizations, national governments and international bureaucracies. The review of the promotion of the Aarhus principles in the international climate regime supports this analysis. This case study highlights that stakeholders and the secretariats established under the Aarhus Convention and the United Nations Framework Convention on Climate Change have played primarily a cognitive role as they worked to increase awareness of the parties on participation issues in the climate regime. To implement the Aarhus Convention in the context of the climate negotiations, the parties tend to favour domestic solutions (such as the inclusion of civil society representatives in governmental delegations) rather than reflect the Aarhus principles in their negotiating positions.

Carbon and Climate Law Review 3/2014, Jan 2015

The adoption of the Cancun Agreements constitutes a remarkable shift in the promotion of state co... more The adoption of the Cancun Agreements constitutes a remarkable shift in the promotion of state compliance within the climate change regime. Whereas the Kyoto Protocol involved robust enforcement mechanisms, the new Measurement,
Reporting and Verification (MRV) framework relies on transparency of mitigation actions. This justificatory approach has demonstrated its effectiveness in promoting implementation of environmental agreements when modalities have been developed to increase the reputational costs associated with non-compliance. The MRV process developed under the Cancun Agreements however fails to acknowledge the crucial role that civil society can play in the context of this transparency mechanism.

Having reviewed the nature of compliance theories and experiences of civil society contributions to compliance processes in other multilateral processes, this article argues that a justificatory approach could effectively underpin the promotion of compliance with the 2015 climate agreement provided that procedures strengthen opportunities for a more active engagement of non-state actors in the MRV process.

This report considers how to strengthen particularly the participation of indigenous peoples and ... more This report considers how to strengthen particularly the participation of indigenous peoples and women by mapping Finland’s promotion of human rights values at two levels: internationally, in the development of international standards; as well as locally, where it will focus on guidelines and requirements set by international regimes with regard to public participation at the national and local level during the implementation of policies and projects.

The Hindu, Sep 25, 2013

As it releases its findings at the end of the month, the Intergovernmental Panel on Climate Chang... more As it releases its findings at the end of the month, the Intergovernmental Panel on Climate Change (IPCC) will do more than highlight the manmade increase of global temperatures. Its report will also raise the heat on negotiations concerning the role played by several international bodies in the reduction of climate pollutants.

Recycling Idei, Vol. 15, Nov 5, 2013

Mimo że nie oczekuje się żadnego przełomu w negocjacjach do 2015 roku, warszawska konferencja kli... more Mimo że nie oczekuje się żadnego przełomu w negocjacjach do 2015 roku, warszawska konferencja klimatyczna mogłaby odegrać istotną rolę w zwiększeniu szans na pozytywny wynik w najbliższej przyszłości. Po pierwsze, rządy mogłyby zgodzić się na wyraźne określenie ram czasowych dla kolejnych sesji negocjacji. Takie porozumienie zagwarantowałoby rządom postęp w dalszych negocjacjach w ciągu kolejnych dwóch lat oraz umożliwiłoby uniknięcie impasu będącego efektem abstrakcyjnych dyskusji.
""Although no major breakthrough is expected in the climate negotiations before 2015, the Warsaw climate conference could play an important role in increasing the chances of a positive outcome in the near future. Most importantly, governments could agree to clearly define the timeframe for the next stages of the negotiations towards a global agreement. Such an agreement would ensure that the governments progress in further negotiations over the next two years."

Climate Change and the Law, edited by Erkki J. Hollo, Kati Kulovesi, Michael Mehling, pp 287-325, 2013

This chapter examines the inter-relationship between human rights and climate change, a linkage t... more This chapter examines the inter-relationship between human rights and climate change, a linkage that has been given little attention, but whose importance is likely to grow in the coming years. Some aspects of the relationship between climate change and human rights have been selected, especially those that have emerged as having most potential in influencing climate change governance. We will identify how climate change, with its dramatic consequences, impacts the enjoyment of human rights and has already led to a human rights petition against the United States. We will, then, turn to the implications of human rights to the functioning of the climate change regime, such as how the emerging rights to participate in environmental decision-making are reflected in the negotiation process of defining the elements of the current climate change regime. More difficult question on whether human rights can or even should influence the future design of the climate change regime will be examined. The concluding remarks will focus on evaluating the pros and cons of using human rights in the struggle against climate change impacts and the influence of human rights on the design and operation of the climate change regime.

Ethics, Policy and Environment, Vol. 15, No. 3, Oct 3, 2012

Over the past several years, the human rights implications of climate change have become more evi... more Over the past several years, the human rights implications of climate change have become more evident. While extreme weather events and slow onset changes caused by climate change affect the exercise of human rights, the implementation of climate change policies - in relation to both mitigation and adaptation - may also lead to the infringement of the rights of indigenous peoples and local communities. Despite this recognition by the UN Human Rights Council and other bodies, the international climate change regime has failed to address these implications, recognizing only in 2010 the importance for parties to respect human rights in the implementation of the Framework Convention.

The adoption of the Durban Platform for Enhanced Action (ADP), together with the reform of existing mechanisms and the operationalization of new institutions, offers several opportunities to ensure the adequate fulfillment of human rights obligations under the Convention. In this commentary, we highlight four concrete options available to the parties in the upcoming negotiations to guarantee the respect of substantial and procedural rights of all the stakeholders and to offer a redress mechanism in the case of loss and damages caused by climate change.

The Yearbook of Polar Law, Volume 4, 2012

Due to its particular sensitivity to the increase of temperatures and to the important role that ... more Due to its particular sensitivity to the increase of temperatures and to the important role that the region plays for the regulation of the global climate system, the Arctic is often described as the "canary in the coal mine" of climate change. This chapter considers the extent to which the climate regime addresses the particular vulnerability of the Arctic. The first step of this study analyses references to the Arctic region in the outcomes of climate change negotiations, as well as proposes further opportunities for these specificities to be taken into account. It thens consider to which extent the status of the eight states sharing territorial jurisdiction in the region is comparable under the regime and the degree of their consequent obligations. Finally, the third section deliberates whether regional cooperation, under theauspices of the Arctic Council, has offered a venue to increase the visibility of Arctic specificities in the development of the international climate regime.

This paper examines procedures for public scrutiny and stakeholder participation in relation to p... more This paper examines procedures for public scrutiny and stakeholder participation in relation to private governance of the flexibility mechanisms established under the Kyoto Protocol. It also studies the role of these procedures in enhancing the accountability of the mechanisms.

The paper presents an account of transparency and public scrutiny over private agents involved in the flexibility mechanisms in two consecutive steps. The first section proposes a descriptive analysis of the rules and norms aiming to enhance the role of stakeholders in relation to the accountability of agents validating and verifying Clean Development Mechanism and Joint Implementation projects. A second section elaborates a normative assessment based on the study of practical experience with these processes over the past years and supported by interviews with key actors within this regime. The management of the flexibility mechanisms being a typical example of global governance extending into new administrative functions, the present paper builds on literature studying the context of the emergence of a global administrative space.

Arctic Governance by Sébastien Duyck

in Rebecca Pincus & Saleem H. Ali (editors), Diplomacy on Ice: Energy and the Environment in the Arctic and Antarctic, Yale University Press (2015), pp. 13-40 , Jan 2015

Non-state actors have been recognized with special statuses in environmental regimes for the prot... more Non-state actors have been recognized with special statuses in environmental regimes for the protection of the polar regimes. On the southernmost continent, the private sector was successful for a long time to avoid regulation of tourism through the Antarctic Treaty System through self-regulation of the industry. In the Arctic, the role of indigenous peoples organizations and local governments was explicitly recognized in regional forums for cooperation with the establishment of innovative mechanisms for their participation. This state of play is however under growing pressure due to the increasing interest that both regions generates in the context of climate change.

This chapter considers opportunities for Arctic states to manage and conserve biodiversity beyond... more This chapter considers opportunities for Arctic states to manage and conserve biodiversity beyond national jurisdiction in the High Arctic and reviews the positions of China and the EU in relation to such potential frameworks.

As the Arctic Ocean coastal states have adopted in 2014 significant steps towards the management of High Arctic marine living resources, the role of third states with regards to these development needs to be considered. Indeed, the international legal regime applicable to the High Seas provides very limited prerogatives for coastal states to restrain the rights of third states for the sake of marine conservation.

The chapter first introduces the global legal regime applicable to biodiversity beyond national jurisdiction as well as relevant ongoing processes meant to further define this regulatory framework. The initiatives undertaken by the Arctic states to protect the Arctic marine environment are then reviewed. The chapter concludes by considering the positions on this issue of two major non-Arctic actors having expressed strong interest in the region: China and the European Union.

This study highlights that China and EU are likely to have different positions on the conservation of marine biodiversity in the High Arctic. The Arctic states will thus need to accommodate the diverging perspectives of non-Arctic states if they decide to establish a regional arrangement to conserve high seas living resources in the Arctic.

This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five leg... more This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five legal questions related to the opportunity to institutionalize Arctic cooperation through the adoption of a legally binding agreement.

The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and ... more The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union’s aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU’s gradually emerging Arctic policy. This article puts forward a different view of the EU’s presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decisionmaking powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement.
Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU’s restrictions on the import of seal products and the ensuing litigation.

Tvergastein - Interdisciplinary Journal of the Environment, Vol. 2, Dec 1, 2012

While most of the recent discussions related to the management of Arctic natural resources has fo... more While most of the recent discussions related to the management of Arctic natural resources has focused on the risks and opportunities of offshore fossil fuels exploitation, the management of future fisheries in the Central Arctic constitutes another important dimensions of this discussion.

This short commentary highlights the importance to manage well the development of this new industry - in particular as governments and stakeholders have a daunting track record of mismanagement of fish stocks in all oceans. The adoption of an international moratorium on Central Arctic fisheries would enable interested states to develop an adequate management scheme for the region before more players become involved in this new industry.

Despite major differences between the political and geographical context prevailing in each of th... more Despite major differences between the political and geographical context prevailing in each of the polar regions, both the Arctic and the Antarctic share some common features. In both cases opportunities for future resource extraction is/has been high and might lead to particular environmental challenges due to the harsh physical conditions. In the two polar regions, the states historically involved in regional governance face also challenges by third countries interested to play a more pro-active role.

The paper argues that the Arctic states could learn from the extensive experience provided by the Antarctic Treaty System when faced with similar challenges to those currently emerging in the North. The rather strong implementation of the precautionary approach in Antarctica has prevented the development of economic activities which would have caused significant dangers for the continent. The Consultative Parties to the Antarctic Treaty have also designed a balanced regime where newcomers are included but in which traditional players retain a privileged status. Both of these experiences could provide sources of inspiration as the Arctic states develop a new model of governance for the Arctic, a region in which resource extraction and foreign interest are expected to increased substantially in the coming years.

This legal paper considers procedures and formal opportunities offered to various groups of non-s... more This legal paper considers procedures and formal opportunities offered to various groups of non-state actors to participate in international environmental decision-making in the Arctic Region.

The current regime of Arctic governance, with the Arctic Council playing a central role, offers a unique status to indigenous people as a key group of rights-holders in the region. While this particularity of Arctic governance has been well covered by academic work, the participation of other groups of stakeholders – including non-governmental organizations, the private sector or local governments – has been the focus of fewer studies.

The first section of the paper presents in a more general context the rights and roles attributed to stakeholders in international environmental decision-making. The second section introduces a descriptive analysis of the rules and practices formally offering an opportunity for various groups of stakeholders to take part in the work of the Arctic Council, while the third section considers rights and procedures allowing participation in other regional processes involving environmental decision-making.

In this chapter, we examine recent evolutions in Arctic governance and opportunities to strengthe... more In this chapter, we examine recent evolutions in Arctic governance and opportunities to strengthen sustainable development through the implementation of relevant principles. We begin by analyzing the current situation, in particular the role of the Arctic Council and its relations with both indigenous people organizations and non-Arctic states. We then consider the role that the Council plays to promote ecosystem based ocean management in the region and make the case for a strengthening of the implementation of a precautionary approach to the Arctic Ocean.

During the two first weeks of December 2015, the UN Climate Conference in Paris will put climate ... more During the two first weeks of December 2015, the UN Climate Conference in Paris will put climate change back at the center of the agenda of the international community. Since the beginning of this year, climate change also emerged as a major theme of the ongoing US chairmanship of the Arctic Council, the country committing to work through the Council and its Working Groups towards better addressing climate impacts across the circumpolar world.

In the context of these parallel developments, we review the role that the Arctic plays in relation to these international climate negotiations. How have Arctic climate change been addressed so far by two decades of climate negotiations? Who is “speaking for” the Arctic in this process? Will the Paris climate agreement have an impact on policy and economic developments in the Arctic? Before addressing each of these questions, we will provide a short overview of what the Paris Climate Conference is expected to deliver.

This introduction situates the contributions to this special issue within the broader legal and s... more This introduction situates the contributions to this special issue within the broader legal and scholarly developments that concern the relationship between public participation and climate governance. It begins by discussing the origins and scope of the principle of public participation in international environmental and climate law. It then provides an overview of three broad strands of research that have examined the role and prospects of public participation, collaboration and deliberation in the governance of complex environmental issues such as climate change. It concludes by identifying a number of lines of inquiry that could inform future research on the relationship between public participation and climate governance.

The 1998 Aarhus Convention constitutes a landmark international agreement to promote public parti... more The 1998 Aarhus Convention constitutes a landmark international agreement to promote public participation, not only domestically, but also at the international level. In 2005, its parties adopted specific guidelines on the promotion of its principles in international forums and established institutional arrangements
to promote the implementation of this instrument. This article provides an assessment of the work undertaken under the Aarhus Convention in the past 10 years in this respect, discussing the roles played by three main categories of actors: civil society organizations, national governments and international bureaucracies. The review of the promotion of the Aarhus principles in the international climate regime supports this analysis. This case study highlights that stakeholders and the secretariats established under the Aarhus Convention and the United Nations Framework Convention on Climate Change have played primarily a cognitive role as they worked to increase awareness of the parties on participation issues in the climate regime. To implement the Aarhus Convention in the context of the climate negotiations, the parties tend to favour domestic solutions (such as the inclusion of civil society representatives in governmental delegations) rather than reflect the Aarhus principles in their negotiating positions.

Carbon and Climate Law Review 3/2014, Jan 2015

The adoption of the Cancun Agreements constitutes a remarkable shift in the promotion of state co... more The adoption of the Cancun Agreements constitutes a remarkable shift in the promotion of state compliance within the climate change regime. Whereas the Kyoto Protocol involved robust enforcement mechanisms, the new Measurement,
Reporting and Verification (MRV) framework relies on transparency of mitigation actions. This justificatory approach has demonstrated its effectiveness in promoting implementation of environmental agreements when modalities have been developed to increase the reputational costs associated with non-compliance. The MRV process developed under the Cancun Agreements however fails to acknowledge the crucial role that civil society can play in the context of this transparency mechanism.

Having reviewed the nature of compliance theories and experiences of civil society contributions to compliance processes in other multilateral processes, this article argues that a justificatory approach could effectively underpin the promotion of compliance with the 2015 climate agreement provided that procedures strengthen opportunities for a more active engagement of non-state actors in the MRV process.

This report considers how to strengthen particularly the participation of indigenous peoples and ... more This report considers how to strengthen particularly the participation of indigenous peoples and women by mapping Finland’s promotion of human rights values at two levels: internationally, in the development of international standards; as well as locally, where it will focus on guidelines and requirements set by international regimes with regard to public participation at the national and local level during the implementation of policies and projects.

The Hindu, Sep 25, 2013

As it releases its findings at the end of the month, the Intergovernmental Panel on Climate Chang... more As it releases its findings at the end of the month, the Intergovernmental Panel on Climate Change (IPCC) will do more than highlight the manmade increase of global temperatures. Its report will also raise the heat on negotiations concerning the role played by several international bodies in the reduction of climate pollutants.

Recycling Idei, Vol. 15, Nov 5, 2013

Mimo że nie oczekuje się żadnego przełomu w negocjacjach do 2015 roku, warszawska konferencja kli... more Mimo że nie oczekuje się żadnego przełomu w negocjacjach do 2015 roku, warszawska konferencja klimatyczna mogłaby odegrać istotną rolę w zwiększeniu szans na pozytywny wynik w najbliższej przyszłości. Po pierwsze, rządy mogłyby zgodzić się na wyraźne określenie ram czasowych dla kolejnych sesji negocjacji. Takie porozumienie zagwarantowałoby rządom postęp w dalszych negocjacjach w ciągu kolejnych dwóch lat oraz umożliwiłoby uniknięcie impasu będącego efektem abstrakcyjnych dyskusji.
""Although no major breakthrough is expected in the climate negotiations before 2015, the Warsaw climate conference could play an important role in increasing the chances of a positive outcome in the near future. Most importantly, governments could agree to clearly define the timeframe for the next stages of the negotiations towards a global agreement. Such an agreement would ensure that the governments progress in further negotiations over the next two years."

Climate Change and the Law, edited by Erkki J. Hollo, Kati Kulovesi, Michael Mehling, pp 287-325, 2013

This chapter examines the inter-relationship between human rights and climate change, a linkage t... more This chapter examines the inter-relationship between human rights and climate change, a linkage that has been given little attention, but whose importance is likely to grow in the coming years. Some aspects of the relationship between climate change and human rights have been selected, especially those that have emerged as having most potential in influencing climate change governance. We will identify how climate change, with its dramatic consequences, impacts the enjoyment of human rights and has already led to a human rights petition against the United States. We will, then, turn to the implications of human rights to the functioning of the climate change regime, such as how the emerging rights to participate in environmental decision-making are reflected in the negotiation process of defining the elements of the current climate change regime. More difficult question on whether human rights can or even should influence the future design of the climate change regime will be examined. The concluding remarks will focus on evaluating the pros and cons of using human rights in the struggle against climate change impacts and the influence of human rights on the design and operation of the climate change regime.

Ethics, Policy and Environment, Vol. 15, No. 3, Oct 3, 2012

Over the past several years, the human rights implications of climate change have become more evi... more Over the past several years, the human rights implications of climate change have become more evident. While extreme weather events and slow onset changes caused by climate change affect the exercise of human rights, the implementation of climate change policies - in relation to both mitigation and adaptation - may also lead to the infringement of the rights of indigenous peoples and local communities. Despite this recognition by the UN Human Rights Council and other bodies, the international climate change regime has failed to address these implications, recognizing only in 2010 the importance for parties to respect human rights in the implementation of the Framework Convention.

The adoption of the Durban Platform for Enhanced Action (ADP), together with the reform of existing mechanisms and the operationalization of new institutions, offers several opportunities to ensure the adequate fulfillment of human rights obligations under the Convention. In this commentary, we highlight four concrete options available to the parties in the upcoming negotiations to guarantee the respect of substantial and procedural rights of all the stakeholders and to offer a redress mechanism in the case of loss and damages caused by climate change.

The Yearbook of Polar Law, Volume 4, 2012

Due to its particular sensitivity to the increase of temperatures and to the important role that ... more Due to its particular sensitivity to the increase of temperatures and to the important role that the region plays for the regulation of the global climate system, the Arctic is often described as the "canary in the coal mine" of climate change. This chapter considers the extent to which the climate regime addresses the particular vulnerability of the Arctic. The first step of this study analyses references to the Arctic region in the outcomes of climate change negotiations, as well as proposes further opportunities for these specificities to be taken into account. It thens consider to which extent the status of the eight states sharing territorial jurisdiction in the region is comparable under the regime and the degree of their consequent obligations. Finally, the third section deliberates whether regional cooperation, under theauspices of the Arctic Council, has offered a venue to increase the visibility of Arctic specificities in the development of the international climate regime.

This paper examines procedures for public scrutiny and stakeholder participation in relation to p... more This paper examines procedures for public scrutiny and stakeholder participation in relation to private governance of the flexibility mechanisms established under the Kyoto Protocol. It also studies the role of these procedures in enhancing the accountability of the mechanisms.

The paper presents an account of transparency and public scrutiny over private agents involved in the flexibility mechanisms in two consecutive steps. The first section proposes a descriptive analysis of the rules and norms aiming to enhance the role of stakeholders in relation to the accountability of agents validating and verifying Clean Development Mechanism and Joint Implementation projects. A second section elaborates a normative assessment based on the study of practical experience with these processes over the past years and supported by interviews with key actors within this regime. The management of the flexibility mechanisms being a typical example of global governance extending into new administrative functions, the present paper builds on literature studying the context of the emergence of a global administrative space.

in Rebecca Pincus & Saleem H. Ali (editors), Diplomacy on Ice: Energy and the Environment in the Arctic and Antarctic, Yale University Press (2015), pp. 13-40 , Jan 2015

Non-state actors have been recognized with special statuses in environmental regimes for the prot... more Non-state actors have been recognized with special statuses in environmental regimes for the protection of the polar regimes. On the southernmost continent, the private sector was successful for a long time to avoid regulation of tourism through the Antarctic Treaty System through self-regulation of the industry. In the Arctic, the role of indigenous peoples organizations and local governments was explicitly recognized in regional forums for cooperation with the establishment of innovative mechanisms for their participation. This state of play is however under growing pressure due to the increasing interest that both regions generates in the context of climate change.

This chapter considers opportunities for Arctic states to manage and conserve biodiversity beyond... more This chapter considers opportunities for Arctic states to manage and conserve biodiversity beyond national jurisdiction in the High Arctic and reviews the positions of China and the EU in relation to such potential frameworks.

As the Arctic Ocean coastal states have adopted in 2014 significant steps towards the management of High Arctic marine living resources, the role of third states with regards to these development needs to be considered. Indeed, the international legal regime applicable to the High Seas provides very limited prerogatives for coastal states to restrain the rights of third states for the sake of marine conservation.

The chapter first introduces the global legal regime applicable to biodiversity beyond national jurisdiction as well as relevant ongoing processes meant to further define this regulatory framework. The initiatives undertaken by the Arctic states to protect the Arctic marine environment are then reviewed. The chapter concludes by considering the positions on this issue of two major non-Arctic actors having expressed strong interest in the region: China and the European Union.

This study highlights that China and EU are likely to have different positions on the conservation of marine biodiversity in the High Arctic. The Arctic states will thus need to accommodate the diverging perspectives of non-Arctic states if they decide to establish a regional arrangement to conserve high seas living resources in the Arctic.

This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five leg... more This legal brief commissioned by the Natural Resource Defense Council (NRDC) responds to five legal questions related to the opportunity to institutionalize Arctic cooperation through the adoption of a legally binding agreement.

The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and ... more The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union’s aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU’s gradually emerging Arctic policy. This article puts forward a different view of the EU’s presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decisionmaking powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement.
Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU’s restrictions on the import of seal products and the ensuing litigation.

Tvergastein - Interdisciplinary Journal of the Environment, Vol. 2, Dec 1, 2012

While most of the recent discussions related to the management of Arctic natural resources has fo... more While most of the recent discussions related to the management of Arctic natural resources has focused on the risks and opportunities of offshore fossil fuels exploitation, the management of future fisheries in the Central Arctic constitutes another important dimensions of this discussion.

This short commentary highlights the importance to manage well the development of this new industry - in particular as governments and stakeholders have a daunting track record of mismanagement of fish stocks in all oceans. The adoption of an international moratorium on Central Arctic fisheries would enable interested states to develop an adequate management scheme for the region before more players become involved in this new industry.

Despite major differences between the political and geographical context prevailing in each of th... more Despite major differences between the political and geographical context prevailing in each of the polar regions, both the Arctic and the Antarctic share some common features. In both cases opportunities for future resource extraction is/has been high and might lead to particular environmental challenges due to the harsh physical conditions. In the two polar regions, the states historically involved in regional governance face also challenges by third countries interested to play a more pro-active role.

The paper argues that the Arctic states could learn from the extensive experience provided by the Antarctic Treaty System when faced with similar challenges to those currently emerging in the North. The rather strong implementation of the precautionary approach in Antarctica has prevented the development of economic activities which would have caused significant dangers for the continent. The Consultative Parties to the Antarctic Treaty have also designed a balanced regime where newcomers are included but in which traditional players retain a privileged status. Both of these experiences could provide sources of inspiration as the Arctic states develop a new model of governance for the Arctic, a region in which resource extraction and foreign interest are expected to increased substantially in the coming years.

This legal paper considers procedures and formal opportunities offered to various groups of non-s... more This legal paper considers procedures and formal opportunities offered to various groups of non-state actors to participate in international environmental decision-making in the Arctic Region.

The current regime of Arctic governance, with the Arctic Council playing a central role, offers a unique status to indigenous people as a key group of rights-holders in the region. While this particularity of Arctic governance has been well covered by academic work, the participation of other groups of stakeholders – including non-governmental organizations, the private sector or local governments – has been the focus of fewer studies.

The first section of the paper presents in a more general context the rights and roles attributed to stakeholders in international environmental decision-making. The second section introduces a descriptive analysis of the rules and practices formally offering an opportunity for various groups of stakeholders to take part in the work of the Arctic Council, while the third section considers rights and procedures allowing participation in other regional processes involving environmental decision-making.

In this chapter, we examine recent evolutions in Arctic governance and opportunities to strengthe... more In this chapter, we examine recent evolutions in Arctic governance and opportunities to strengthen sustainable development through the implementation of relevant principles. We begin by analyzing the current situation, in particular the role of the Arctic Council and its relations with both indigenous people organizations and non-Arctic states. We then consider the role that the Council plays to promote ecosystem based ocean management in the region and make the case for a strengthening of the implementation of a precautionary approach to the Arctic Ocean.

The study ―Arctic Footprint and Policy Assessment‖ aims to improve the effectiveness of EU enviro... more The study ―Arctic Footprint and Policy Assessment‖ aims to improve the effectiveness of EU environmental policies with respect to the Arctic region. The study will undertake an assessment of the EU‘s current footprint on the Arctic environment and evaluate how it could change over time. The effectiveness of the EU‘s current environment-related policies will also be analysed, including how these policies relate to current and future footprint scenarios. Options for improving EU policy will also be developed. The ―Arctic Footprint and Policy Assessment‖ is an initiative of the European Commission, DG Environment under contract EuropeAid/128561/C/SER/Multi. Ecologic Institute leads the project team, which includes three additional institutes: the Arctic Centre, SERI and Stockholm Environment Institute. The analysis and ideas put forward in this report are entirely the responsibility of the contractors and do not necessarily reflect the views of DG Environment.

The study will examine the legal competences of the EU - after the entry into force of the Lisbon... more The study will examine the legal competences of the EU - after the entry into force of the Lisbon Treaty - to influence the development of the Arctic. The particular emphasis of the study will be on the role the European Parliament plays in decision-making in various Arctic-relevant policy areas. The report will address both internal and external competences as well as the consequences of the EEA Agreement for the implementation of EU legislations in Iceland and Norway. The study is structured into two parts. The first part looks into the general principles of competence sharing between the EU and its Member States, as well as the role of the European Parliament in post-Lisbon EU decision-making. The second part examines in more detail eleven sectoral policy areas: what legal competences the EU has in each, what are the legal consequences for Iceland and Norway via the EEA Agreement and what is the role of the European Parliament in EU's decision-making over the development of these various policies in the Arctic.

Natural Resources …, Jan 1, 2011

"This report prepared for the Ministerial Conference on the Protection of Forests in Europe (MCPF... more "This report prepared for the Ministerial Conference on the Protection of Forests in Europe (MCPFE - Forest Europe) highlights the legal implications of two proposed contents for a legally binding agreement on forests in Europe (MCPFE options 2 and 3 for a legally binding agreements). These implications are reviewed in relation to other existing international legal agreement as well as in relation to EU law.

Executive Summary available online."

Carbon and Climate Law Review, 2018

The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone ... more The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris implementation guidelines to be adopted at the Conference of the Parties in Katowice in December 2018, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime – both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's implementation guidelines: guidance for nationally determined contributions, adaptation communications, transparency framework, global stocktake, and the Article 6 mechanisms. The article reflects on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines, and concludes with recommendations on a rights-based approach to implementing the Paris Agreement.

Polar Record

The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and ... more The European Union’s (EU’s) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union’s aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU’s gradually emerging Arctic policy. This article puts forward a different view of the EU’s presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decisionmaking powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement.
Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU’s restrictions on the import of seal products and the ensuing litigation.

Prior, T., L. Heinämäki, S. Duyck, A. Stepien, and T. Koivurova (2013). Addressing Climate Vulner... more Prior, T., L. Heinämäki, S. Duyck, A. Stepien, and T. Koivurova (2013). Addressing Climate Vulnerability: Promoting the Participatory Rights of Indigenous Peoples and Women through Finnish Foreign Policy, Juridica Lapponica 38, University of Lapland Press.

The link between human rights and the environment, as outlined in the study Addressing Climate Vulnerability: Promoting the Participatory Rights of Indigenous Peoples and Women through Finnish Foreign Policy, is reflected in the number and scope of international and domestic laws, judicial decisions, and academic studies. Nonetheless, unresolved issues surrounding this discourse remain. Consequently, in light of the Human Rights Council’s decision to establish a mandate on human rights and the environment, and the appointment of Mr. John Knox to a three-year term as the first Independent Expert on Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy, and Sustainable Environment, this MFA-commissioned report, focusing on women and indigenous peoples, is timely.

In this chapter, Timo Koivurova and Sébastien Duyck examine some key principles that could be use... more In this chapter, Timo Koivurova and Sébastien Duyck examine some key principles that could be used to sustainably address challenges in governing the Arctic Ocean. Significantly, as the first part of this chapter highlights, the environmental governance regime for the Arctic already clearly recognizes the legitimate expectations of and a role in decision-making for non-state actors, and in particular the indigenous peoples of the Arctic. As the authors make clear, future discussions in relation to the Arctic will focus on governance rather than on new treaties.

This report considers how to strengthen particularly the participation of indigenous peoples and ... more This report considers how to strengthen particularly the participation of indigenous peoples and women by mapping Finland’s promotion of human rights values at two levels: internationally, in the development of international standards; as well as locally, where it will focus on guidelines and requirements set by international regimes with regard to public participation at the national and local level during the implementation of policies and projects.