Derechos de la naturaleza en la cultura jurídica noruega: ¿ser o no ser?

Abstract

In contrast to the growing worldwide trend of recognizing rights of nature (RoN), it has no place within Norwegian legal frameworks to date. In this article, we explore the lack of recognition of standalone RoN in Norway from a legal-cultural perspective, offer some possible explanations for the reluctant approach of Norwegian lawmakers, and discuss the potential consequences of their future recognition. As RoN have a strong connection to Indigenous environmental governance around the world, we examine some aspects of the Indigenous rights of the Sámi people and discuss to what extent these might serve as a foundation for RoN in Norway. We argue that due to its legal culture, Norway could more easily implement legal duties toward nature —as opposed to RoN— as an alternative, and possibly a predecessor of fully-fledged rights. Finally, we propose some avenues for how to plant the seeds of legal duties toward nature in existing legal frameworks without causing a radical rupture with the institutional and intellectual structures of the Norwegian legal culture.