Northern Exposure: Alaska, Climate Change, Indigenous Rights, and Atmospheric Trust Litigation

Intellectual Property and Clean Energy: The Paris Agreement and Climate Justice, Forthcoming

Posted: 24 May 2018  

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: May 12, 2018

Abstract

This chapter considers the atmospheric trust litigation in the case of Nelson Kanuk v. State of Alaska over the climate inaction of the State of the Alaska. The dispute is a compelling case study in respect of constitutional law, the public trust doctrine, climate change, intergenerational justice, Indigenous rights, and Indigenous intellectual property. The new litigation between Esau Sinnok and the State of Alaska promises to further refine and clarify issues in respect of climate change, human rights, and Indigenous interests. Such climate litigation highlights larger international legal issues in respect of Indigenous peoples and climate change. There has been debate over Indigenous rights and climate change during the discussions in respect of the United Nations Declaration on the Rights of Indigenous Peoples 2007, the Anchorage Declaration 2009, the Paris Agreement 2015, and the Bonn climate talks in 2017. In the future, no doubt Indigenous communities will seek to engage in climate litigation against governments and corporations in order to seek redress for climate injustice, as well as loss and damage.

Keywords: Alaska, Constitutional Law, Public Trust, Climate Change, Intergenerational Justice, Indigenous rights, Indigenous intellectual property, climate litigation, climate justice

JEL Classification: K00, K31, K32

Suggested Citation

Rimmer, Matthew, Northern Exposure: Alaska, Climate Change, Indigenous Rights, and Atmospheric Trust Litigation (May 12, 2018). Intellectual Property and Clean Energy: The Paris Agreement and Climate Justice, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3177673

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

Register to save articles to
your library

Register

Paper statistics

Abstract Views
310
PlumX