Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea

• Published in: Human Rights Law Review
• Main Authors: Mardikian, Lisa, Galani, Sofia
• Format: Article in Journal/Newspaper
• Language: English
• Published: Oxford University Press (OUP) 2023
• Subjects: Arctic; Climate change; Law of the Sea
• Online Access: http://dx.doi.org/10.1093/hrlr/ngad020; https://academic.oup.com/hrlr/article-pdf/23/3/ngad020/51045306/ngad020.pdf

Abstract Climate change presents existential challenges for the livelihoods of indigenous peoples, which depend on vulnerable ecosystems prone to extreme weather phenomena. Of all indigenous communities, those living in the Arctic have been worst affected. This raises the question to what extent international law can be mobilized to address the endangered livelihoods of Arctic indigenous peoples in light of rapid changes in the Arctic environment. This article examines two dimensions of the protection of livelihoods: an internal one—i.e. legal entitlements over assets, land and income—and an external one—i.e. the living environment in the Arctic. In so doing, the article analyses the right to property under regional human rights law and rules on the protection of marine resources under the law of the sea. Reflecting on relevant jurisprudence, it shows that both legal areas could provide important elements of litigation strategies to address the human rights costs of climate change.