Sébastien Duyck

The Present and Future Competence of the European Union in the Arctic

The European Unions (EUs) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the unions aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EUs gradually emerging Arctic policy. This article puts forward a different view of the EUs 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 decision- making 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 EUs restrictions on the import of seal products and the ensuing litigation.

Promoting Human Rights in the Future Climate Regime

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.

Climate Change and Human Rights

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.

Drawing Lessons for Arctic Governance from the Antarctic Treaty System

Given the impact of climate change on the natural conditions prevailing in the Arctic, the region is likely to undergo some of the most extreme examples of the consequences of climate change for human activities. This article aims to identify some of the lessons one can learn from the governance of another region facing similar challenges to the Arctic. The past experiences of different countries and governments with Antarctic governance are studied in order to serve as a reference for developing instruments and approaches to address some of the challenges currently facing the Arctic.