International law, state compliance and wind power

Abstract

This chapter revolves around a case in a southern Sámi area in Norway where the Ministry of Petroleum and Energy halted the plan to build a wind power station on traditional reindeer herding lands in 2016. International law applicable to Indigenous peoples played a significant role in the argumentation of the decision, which leads to the question of state compliance with the norms and rules laid down in international law. Given how important the decision was for the reindeer herding communities, the reasoning behind it calls for further investigation. The ministerial decision on the planned Kalvvatnan wind power project re-examined the judgment of the Norwegian Water Resources and Energy Directorate and refused to license the building of a plant due to the reindeer herding communities’ concerns. These concerns are enshrined in the procedural and material requirements of international legal standards, in particular Article 27 of the International Covenant on Civil and Political Rights. In the context of increased conflicts between large-scale industries and Indigenous livelihoods, I will examine the outcome of the Kalvvatnan case to discuss state application of international law. Based on a review of the decision and other case documents, I will approach the question as a qualitative assessment through the lens of compliance indicators.