Extraterritorial obligations in the European human rights system

Haeck, Yves; Herrera, Clara Burbano; Farag, Hannah Ghulam

doi:10.4324/9781003090014-12

Cited by 1 publication

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“…Therefore, it seems that the crucial issue in dispute here is whether or not the Norwegian state has a positive obligation under the ECHR to mitigate the effects of climate change both at home and abroad, by moving away from fossil fuels, that is, a duty of care to achieve a transition to renewable sources. In its unprecedented judgment, the Norwegian Supreme Court stated that the fundamental right to a healthy environment is only applicable in Norway (Gociu & Roy, 2021), under very limited circumstances (Voigt, 2021), largely overlooking the Strasbourg jurisprudence on extraterritorial human rights obligations for example (Haeck et al, 2022). The case law on extraterritorial human rights obligations under the ECHR is contentious, however, lacking a clear methodology to solve complex cases:…”

Section: Greenpeace Nordic and Others Against Norwaymentioning

confidence: 99%

Oil giant, climate saviour, or somewhere in between Human rights and the Norwegian climate paradox

Scherf¹,

Silva²

2023

IJPLAP

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Norway's recent decision to expand oil and gas exploration further North into the Barents Sea is contrasted with its active leadership role in global climate policymaking. We argue that this contradiction is a result of the key role petro-capitalism still plays in Norway, in addition to the country's geopolitical aspirations in the Arctic. However, solely legalistic approaches to human rights and sustainability often miss out on the dynamics of power, capitalism, and industry interests and their influences on climate litigation. Thus, this article presents a critical assessment of climate and environmental litigation at the European Court of Human Rights by also looking at the recent application Greenpeace Nordic and Others against Norway. The goal is to understand both the possibilities and limitations of the human rights-sustainability  Erasmus Mundus scholar and Social Work graduate student at the University of Stavanger, Department of Social Studies. He is interested in critical approaches to human rights and public policy and his works have appeared before in publications such as the Journal of Human Rights and Social Work, International Journal of Human Rights in Healthcare, Brazilian Journal of International Law, among several others. He was formerly affiliated with the Human Rights Nudge project (University of Copenhagen), and the Human Rights & Citizenship research project (University of Vale do Itajai), where he conducted research on topical human rights issues from an international perspective.

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Section: Greenpeace Nordic and Others Against Norwaymentioning

confidence: 99%