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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.
The Handbook of European Security Law and Policy offers a holistic
discussion of the contemporary challenges to the security of the
European Union and emphasizes the complexity of dealing with these
through legislation and policy. Considering security from a human
perspective, the book opens with a general introduction to the key
issues in European Security Law and Policy before delving into
three main areas. Institutions, policies and mechanisms used by
Security, Defence Policy and Internal Affairs form the conceptual
framework of the book; at the same time, an extensive analysis of
the risks and challenges facing the EU, including threats to human
rights and sustainability, as well as the European Union's legal
and political response to these challenges, is provided. This
Handbook is essential reading for scholars and students of European
law, security law, EU law and interdisciplinary legal and political
studies.
More than ever before the changing environmental and political
landscape in the Arctic requires stability and foreseeability based
on resilient common norms. The emerging legal orders in the Arctic
cannot be legitimately created or effectively implemented unless
all relevant actors are involved. Simultaneously, it must always be
based on respect for the sovereign rights of the eight Arctic
states in the region, as well as the tradition and cultural
livelihood of the local communities. It is this delicate balance
between Arctic and non-Arctic interests that is the core
problematique for the emerging legal orders in the Arctic
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.
More than ever before the changing environmental and political
landscape in the Arctic requires stability and foreseeability based
on resilient common norms. The emerging legal orders in the Arctic
cannot be legitimately created or effectively implemented unless
all relevant actors are involved. Simultaneously, it must always be
based on respect for the sovereign rights of the eight Arctic
states in the region, as well as the tradition and cultural
livelihood of the local communities. It is this delicate balance
between Arctic and non-Arctic interests that is the core
problematique for the emerging legal orders in the Arctic. Emerging
Legal Orders in the Arctic critically examines the role of
non-Arctic actors in this advancement of the shape and scope of the
Arctic legal order. Discussing the admittance and participation of
Observer states and organisations in the Arctic Council, including
task force meetings where new treaties are negotiated, it details
the issues and successes this can result in. Setting up the context
of the current legal orders in the Arctic, the book discusses
Asian, indigenous and European perspectives, amongst others. There
is a strong focus on the groundbreaking fisheries agreement of
November 2017 in the Central Arctic Ocean (CAO), and the impact on
both Arctic and non-Arctic actors. Interests in marine living
resources, scientific cooperation and the Arctic shipping regimes
and governance are also thoroughly discussed from multiple
perspectives. The book combines the expertise of academics and
practitioners in the fields of international law and Arctic
governance, uniquely focusing on Asian actors in the Arctic legal
order-making. The resulting study is a fascinating insight into the
interplay between non-Arctic actors and the Arctic legal order, and
will be invaluable to academics in the field of Arctic and
international law.
The Handbook of European Security Law and Policy offers a holistic
discussion of the contemporary challenges to the security of the
European Union and emphasizes the complexity of dealing with these
through legislation and policy. Considering security from a human
perspective, the book opens with a general introduction to the key
issues in European Security Law and Policy before delving into
three main areas. Institutions, policies and mechanisms used by
Security, Defence Policy and Internal Affairs form the conceptual
framework of the book; at the same time, an extensive analysis of
the risks and challenges facing the EU, including threats to human
rights and sustainability, as well as the European Union's legal
and political response to these challenges, is provided. This
Handbook is essential reading for scholars and students of European
law, security law, EU law and interdisciplinary legal and political
studies.
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