Three Binaries in People v Arctic Oil

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.