Observer Participation in International Climate Change Decision Making: A Complementary Role for Human Rights?

摘要

Parties to the United Nations Framework Convention on Climate Change ("UNFCCC") have acknowledged the need to further enhance the effective engagement of observer organizations as the UNFCCC process moves towards implementation of the Paris Agreement. This Article explores whether and how international human rights law could complement climate law to enhance observer participation in the international UNFCCC decision-making processes. This Article's main proposition is that the human right to participate in public affairs could contribute to enhancing observer participation in processes reviewing the implementation of parties' commitments and in intergovernmental negotiations more generally. This proposition is based on the following argument. First, the right to participate in public affairs requires states to adopt measures that ensure effective participation in public interest decision making. Second, the right to participate in public affairs encompasses international decision-making processes. Third, although neither the UNFCCC nor the Paris Agreement expressly refer to ensuring effective observer participation, for UNFCCC parties that are also signatories to relevant human rights treaties, these treaties carry the obligation to ensure effective public participation. This obligation is reinforced by parties' acknowledgement in the Paris Agreement that they should honor their existing human rights obligations when taking action to address climate change. Consequently, the human right to participate in public affairs creates obligations for UNFCCC parties that are also signatories to the relevant treaties, which could complement climate provisions and thus contribute to enhancing observer participation in international UNFCCC decision-making processes. This Article concludes by exploring possible complementarities.