Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.)
On October 11, 2021, the Supreme Court of Norway, sitting as a Grand Chamber, had to decide in three interconnected cases (HR-2021-1975-S) whether the construction of certain wind power plants, which will form part of the largest onshore wind power project in Europe, in a particular rural area inter...
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crcambridgeupr:10.1017/ilm.2022.42 2024-03-03T08:48:28+00:00 Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) Syring, Tom 2022 http://dx.doi.org/10.1017/ilm.2022.42 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020782922000420 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms International Legal Materials volume 61, issue 6, page 991-1017 ISSN 0020-7829 1930-6571 General Medicine journal-article 2022 crcambridgeupr https://doi.org/10.1017/ilm.2022.42 2024-02-08T08:39:08Z On October 11, 2021, the Supreme Court of Norway, sitting as a Grand Chamber, had to decide in three interconnected cases (HR-2021-1975-S) whether the construction of certain wind power plants, which will form part of the largest onshore wind power project in Europe, in a particular rural area interfered with (Sami) reindeer herders’ rights to enjoy their own culture according to Article 27 of the International Covenant on Civil and Political Rights (ICCPR). The case, which had been initiated long before Russia's war of aggression against Ukraine and concomitant spiking energy prices—which might have added an extra dimension to the underlying, countervailing issues—pits efforts to increasingly produce “green,” renewable energy and the minority rights of a particular cultural group against each other. Taking the peculiar requirements of reindeer husbandry, the need for safe winter pastures, and the specific geographical conditions of the locus delicti into account, the Court concluded that the windfarms would have a substantial negative effect on the reindeer herders’ possibility to enjoy their own culture, which, in the absence of satisfactory remedy measures, threatened the very existence of reindeer husbandry on Fosen, and therefore found a violation of Article 27, ICCPR. Article in Journal/Newspaper reindeer husbandry sami sami Cambridge University Press Norway International Legal Materials 1 27 |
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Cambridge University Press |
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English |
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General Medicine |
spellingShingle |
General Medicine Syring, Tom Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
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General Medicine |
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On October 11, 2021, the Supreme Court of Norway, sitting as a Grand Chamber, had to decide in three interconnected cases (HR-2021-1975-S) whether the construction of certain wind power plants, which will form part of the largest onshore wind power project in Europe, in a particular rural area interfered with (Sami) reindeer herders’ rights to enjoy their own culture according to Article 27 of the International Covenant on Civil and Political Rights (ICCPR). The case, which had been initiated long before Russia's war of aggression against Ukraine and concomitant spiking energy prices—which might have added an extra dimension to the underlying, countervailing issues—pits efforts to increasingly produce “green,” renewable energy and the minority rights of a particular cultural group against each other. Taking the peculiar requirements of reindeer husbandry, the need for safe winter pastures, and the specific geographical conditions of the locus delicti into account, the Court concluded that the windfarms would have a substantial negative effect on the reindeer herders’ possibility to enjoy their own culture, which, in the absence of satisfactory remedy measures, threatened the very existence of reindeer husbandry on Fosen, and therefore found a violation of Article 27, ICCPR. |
format |
Article in Journal/Newspaper |
author |
Syring, Tom |
author_facet |
Syring, Tom |
author_sort |
Syring, Tom |
title |
Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
title_short |
Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
title_full |
Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
title_fullStr |
Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
title_full_unstemmed |
Statnett SF v. Sør-Fosen Sijte (Sup. Ct. Nor.) |
title_sort |
statnett sf v. sør-fosen sijte (sup. ct. nor.) |
publisher |
Cambridge University Press (CUP) |
publishDate |
2022 |
url |
http://dx.doi.org/10.1017/ilm.2022.42 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020782922000420 |
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Norway |
geographic_facet |
Norway |
genre |
reindeer husbandry sami sami |
genre_facet |
reindeer husbandry sami sami |
op_source |
International Legal Materials volume 61, issue 6, page 991-1017 ISSN 0020-7829 1930-6571 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/ilm.2022.42 |
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International Legal Materials |
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