Three Binaries in People v Arctic Oil
Citation:
Three Binaries in People v Arctic Oil, A Force of Energy: Essays in Energy Law in Honour of Professor Martha Roggenkamp, Groningen, University of Groningen Press, 2022, 84 - 93, Suryapratim RoyDownload Item:
Roy_Three Binaries.pdf (PDF) 947.6Kb
Abstract:
In People v Arctic Oil, courts in Norway considered the question of whether the
constitutional right to environment entails a duty of care on the state for curtailing
emissions from oil exports. The cause of action was the issue of exploratory oil
licenses. The Supreme Court found for the government, but there was a dissenting
opinion, and lower courts developed novel jurisprudence. The reaction to the judg-
ment has been polarised. In this Comment, I suggest that it is unhelpful to analyse
the judgment using the binaries of international v domestic policy, regulatory v
judicial competence, demand v supply responsibility.
Author's Homepage:
http://people.tcd.ie/suroy
Author: Roy, Suryapratim
Other Titles:
A Force of Energy: Essays in Energy Law in Honour of Professor Martha RoggenkampPublisher:
University of Groningen PressType of material:
Book ChapterCollections:
Series/Report no:
Irish Supreme Court Review;3;
1;
Availability:
Full text availableKeywords:
Energy law, Environment, NorwaySubject (TCD):
International Development , Smart & Sustainable Planet , Climate Law , Constitutional Law , Energy and Climate Change , Environmental Law , energy lawSource URI:
http://climatecasechart.com/wp-content/uploads/sites/16/non-us-case-documents/2020/20201222_HR-2020-846-J_judgment.pdfISSN:
9789403429526Licences: