Har § 112 selvstendig betydning for vern av villaksen? ('Does the Norwegian Constitution's § 112 have Independent Meaning for the Protection of Wild Salmon?')

In O.K. Fauchald and E. Smith (eds), Mellom jus og politikk. Grunnlovens § 112. Oslo, Fagbokforlaget, 2019, pp. 227-252. In Norwegian.

he chapter finds that public authorities have so far not adopted the measures needed to implement the rights included in article 112 of the Norwegian Constitution to wild salmon. It is therefore significant opportunities for private parties to invoke the rights to a natural environment whose productivity and diversity are maintained in relation to populations of wild salmon that are particularly important for harvest or genetic purposes. However, such use of article 112 would only be relevant in the context of decisions that are likely to have important long-term negative effects, and when the effects of such decisions have been insufficiently assessed. It considers that this could be the case for some aquaculture decisions, such as the key bi-annual implementation decisions under the new management regime for salmon farming ("trafikklyssystemet").

Links

FNI AUTHORS

  • Research Professor
    +47 47477405

    Email

    okfauchald@fni.no
    Show Email

logo_footer_fni