Public opposition to shale gas extraction in Algeria: Potential application of France's ‘Duty of Care Act’

Abstract

Algeria, a former French Colony, gained independence from France in 1962. It can be argued, however, that the legacy of post-colonialism continues, particularly with respect to the extractive industries. Both France and Algeria have large unconventional shale deposits—France has the second largest shale gas deposits in Europe after Poland and Algeria has the third largest in the world. Proposals to extract shale gas have led to widespread public opposition in both France and Algeria. The protests in France arguably led to the 2011 ban on hydraulic fracturing for shale gas, followed by the 2017 decision to ban all hydrocarbon exploration and extraction (unconventional and conventional) in French territory by 2040. Hydrocarbon company Total S.A., headquartered in France, has given up on operating in France but has now focused on potential development in Algeria, arguably an illustration of the continuation of a post-colonial relationship or NIMBY'ism (Not In My Back Yard). This perspective article aims to briefly highlight issues related to unconventional hydrocarbons in Algeria and introduce an emerging regulatory mechanism that could potentially provide a remedy to protect human and environmental rights and provide a model for future legislation in other countries. France's 2017 Duty of Care Act (Devoir de Vigilance) requires companies headquartered in France of a certain size to develop a ‘plan of care’ that mandates corporate responsibility throughout the supply chain and all subsidiaries, including outside French territory, and moreover provides a mechanism for legal recourse in the event of environmental or human rights harm from business activities.