Episode 010: "The People vs Arctic Oil"

Nomosphone: A Global Law Podcast

In June 2016, the Norwegian government issued ten petroleum extraction licenses for a highly sensitive area of the Arctic Barents Sea for both Norway’s state-owned oil company, Statoil, and companies representing other developed nations from around the world. Prior to that, the 2014 revision of the Norwegian Constitution saw legislators insert Article 112 as a key constitutionally enshrined human right affording citizens enforceable rights to live in a healthy environment. But what does this mean exactly? And what duty does it place on the state in upholding such rights? Today we bring you an episode on something we've been following closely since 2016: the ongoing case challenging the constitutionality of Norway's Arctic petroleum extraction licensing, Greenpeace Nordic and Nature & Youth v The Ministry of Petroleum and Energy of Norway, or more popularly referred to as "The People vs. Arctic Oil". And we were thrilled to be able to speak with the lead claimant in the case - Mr. Truls Gulowsen of Greenpeace. In todays episode, we discuss why we have witnessed an increasing use of the courts as the avenue for asserting environmental rights and what it may mean for the environmental preservation debate that claims have increasingly shifted from an environmental law framing to a human rights framing. We delve into the Norwegian case to evaluate the unique challenges facing climate litigation as a new avenue for challenging environmentally deleterious decisions and the difficult position national courts face in being being asked to be the adjudicator of claims for environmental rights. Join us! “Every person has the right to an environment that is conducive to health and to a natural environment whose productivity and diversity are maintained. Natural resources shall be managed on the basis of comprehensive long term considerations, which will safeguard this right for future generations as well. In order to safeguard their right, citizens are entitled to information on the state of the natural environment and on the effects of any encroachment on nature that is planned or carried out. The authorities of the state shall take measures for the implementation of these principles." - Article 112, Constitution of Norway A special thanks to Mr. Truls Gulowsen, head of Greenpeace Norway, for discussing for taking the time to speak with us on several occasions about the ongoing legal challenge he leads. If you would like to support Greenpeace in their efforts in this case, or to follow the updates as the case progresses, visit their website at www.savethearctic.org. We would also like to thank Antje Neumann, from Tilburg's Department of European and International Law, and Dr. Benjamin Richardson, professor of environmental law and the financial sector at the University of Tasmania and recent Visiting Chair of our Global Law Programme, for their enthusiastic participation in this episode. This episode of Nomosphone was produced and narrated by Benjamin Wiles. Research help for todays episode was provided by fellow global law colleagues Anni Luoma and Elisa Harvilahti. Be sure to subscribe to our Soundcloud and Facebook pages to stay up to date on our most recent episodes. And if you like what we do, please leave us a review in iTunes - it really helps get the word out about Nomosphone! A special thanks to Hindenburg podcast editing software. We acknowledge the following songs used in their original format in accordance with Creative Commons licensing: "Just Watching", “Golden Hour“, and “Blue” by Podington Bear (CC BY-NC 3.0) and https://creativecommons.org/licenses/by-nc/3.0/legalcode.