World's eyes on Norway: Greenpeace and Norway Court Case
A historic
climate lawsuit started in Oslo on Tuesday the 14th of November and has got worldwide attention.
Greenpeace along with Nature and Youth are suing Norway for issuing licences to
explore oil in the Arctic and asking the court to invalidate 10 licenses
granted by the government to 13 companies that opened up a new section of
the Arctic to oil exploration. The vulnerable areas of the Arctic, like the Barents Sea, are home to
both complex ecosystems and challenging climatic conditions. Greenpeace and
Nature and Youth argue that new licences for oil exploration breaches
the country's constitution and undermines Norway's commitment to the Paris
Agreement.
Article 112 in Norway's constitution has
been named the ‘Environmental Paragraph’, as it seeks to protect current and future
citizens’ right to a healthy and clean environment and sound resource
management. It reads:
‘Every person has the right to an environment that
is conducive to health and to a natural environment whose productivity and
diversity are maintained. (...) The authorities of the state shall take
measures for the implementation of these principles.’
The lawsuit is the first of its kind in Norway and Article
112 has never been tried in court before, so the outcome of the lawsuit is
unclear. While Norway’s attorney general argues that the oil licenses, awarded
to Statoil, Chevron and others, have no link to the Constitution, others, like
the Norwegian lawyers Sjåfjell and Halvorssen, are firm supporters
of the case and have argued that exploiting oil and gas on a large scale in the
Norwegian Arctic is unlawful. Convincing the court that issuing oil drilling permits
could violate human rights won’t be easy, however if the environmental
groups are to succeed with this, it might set a very powerful global precedent.
In November in
Bonn, policy-makers from around the world met to discuss how to implement the
Paris agreement. Norway was one of the first
to ratify the Agreement and this is the first court case that challenges
new oil and gas drilling based on the Paris Agreement. The case in Norway isn't the first court case this is increasingly becoming a part of the toolkit to address environmental issues.
For the first time a poll in Norway showed in August that more than 50% of people now supported leaving the oil in the ground.
"Like many environmental
treaties, the Paris Agreement does not bind signatories to fulfil their
obligations, however the court case will assess governments' and firms'
actions against the 2°C goal." Greenpeace
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