Sébastien Duyck
Sébastien is currently a member of the Finnish graduate school for Human Rights Research. He is writing his doctoral dissertation on the procedural rights of stakeholders in the international climate change regime. Through this project, Sébastien studies the rights and statuses of stakeholders in the intergovernmental process (UNFCCC) as well as in the implementation of this regime.
Through his participation to projects of the Northern Institute for Environmental and Minority Law, and of the Arctic Centre, Sébastien also conducts research focused on Arctic environmental governance, in particular considering the impact of climate change for regional governance.
Supervisors: Timo Koivurova and Lotta Viikari
Phone: +358 (0) 404844285
Address: Northern Institute for Environmental and Minority Law
Arctic Centre, University of Lapland
P.O. Box 122
FIN-96101 Rovaniemi, Finland
Through his participation to projects of the Northern Institute for Environmental and Minority Law, and of the Arctic Centre, Sébastien also conducts research focused on Arctic environmental governance, in particular considering the impact of climate change for regional governance.
Supervisors: Timo Koivurova and Lotta Viikari
Phone: +358 (0) 404844285
Address: Northern Institute for Environmental and Minority Law
Arctic Centre, University of Lapland
P.O. Box 122
FIN-96101 Rovaniemi, Finland
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Climate Change Law by Sébastien Duyck
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.
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.
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.
""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."
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 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.