The Right to a Healthy Environment

Hi everyone! We hope you all are doing well! Today's post will be about a possible environmental law violation.

When conjuring up images of human rights violations, one’s mind usually doesn’t jump to instances of infringement upon the right to a healthy environment. In this industrial, global world, threats of climate change and the limited availability of the Earth’s natural resources must be taken seriously. From Wednesday, November 4 to Thursday, November 12th, Norwegian climate activist groups are set to plead their case in front of 15 Norwegian Supreme Court Justices (Libell and Kwai 2020). They claim that “approving oil exploration violates human rights conventions because of its contribution to increased carbon emissions” (Libell and Kwai 2020). Furthermore, Norwegian environmentalists believe that the license for this specific oil exploration operation, which was issued in 2016, was approved for the possible economic benefits prior to extensive research. Two lower courts in Norway have already refused to invalidate the 2016 licenses, but activists hold on to hope for the Supreme Court’s verdict. Despite being a country that prides itself on sustainability and green efforts, Norway’s economy still depends upon the profits associated with the drilling of oil and natural gasses.

If the litigators in this Supreme Court case are successful, issues surrounding the intersection of climate change and the right to a healthy environment will be brought up to both the country of Norway and the international community.

In Norway, this case is already forming questions as to whether or not Norway should be held accountable for the emissions burned from its exports (Libell and Kwai 2020). If GreenPeace and Nature&Youth of Norway are successful, according to Hans Petter Graver, a law professor at the University of Oslo, “[they] could force Norway to phase out activities like oil exploration” (Libell and Kwai 2020).

Many international climate organizations and the United Nations Special Rapporteurs for Human Rights and the Environment have already expressed their support for this case. If the environmentalists win this case, other countries may vigorously follow ensuite in more closely trying to achieve the United Nations’ Sustainable Development Goals. Additionally, there are only about 150 countries in the world whose constitutions protect one’s right to a healthy environment (Boyd 2013). If this case results in the Norwegian government acknowledging there to be a human rights violation, other countries may introduce an amendment to their constitutions and/or adhere to conditions outlined in the Paris Agreement more closely.

Helpful Sources and Links:

https://www.nytimes.com/2020/11/05/world/europe/norway-supreme-court-climate-change.html.

https://www.nytimes.com/2017/06/17/world/europe/norway-climate-oil.html.

https://www.domstol.no/en/Enkelt-domstol/supremecourt/arkiv/2020/the-supreme-courts-press-release-on-the-climate-lawsuit/.