The Norwegian Constitutional Right to a Healthy Environment in Global Context
Mellom Jus Og Politikk, Grunnloven, Section 112 (Fagbokforlaget 2019)
14 Pages Posted: 28 May 2020
Date Written: 2019
Abstract
This chapter examines how Article 112 of the Constitution of Norway applies to climate change, here in the context of Nature and Youth (Young friends of the Earth Norway) and Greenpeace Nordic v. Norway (hereinafter, the “Arctic Oil” case) in which the plaintiffs challenge the government’s decision to open parts of the Arctic Barents Sea to new oil and gas exploration (the so-called “23rd licensing Round”).
The Arctic Oil case is undoubtedly worth watching, as it tests both the justiciability of what is fairly characterized as a fundamental right under the Norwegian Constitution, and if justiciable, whether and if so how it applies to climate change policies. The case is important for two primary reasons. First is how it impacts Norwegian constitutional law. The case contains multiple issues surrounding Article 112’s text, purpose, enforceability and implementation in the backdrop of international obligations under the Paris Agreement. Second is how it invokes and involves constitutional environmental rights – which is to say a right to a healthy environment – and jurisprudence elsewhere, against the backdrop of global environmental constitutionalism, especially in the context of climate change.
Keywords: environmental law, constitutional law, climate change, right to a healthy environment, environmental constitutionalism, Norway
JEL Classification: K32, K10
Suggested Citation: Suggested Citation