Reindeer herding provides an important source of livelihood in many parts of the Arctic. In Northern Europe, reindeer herders are still battling the consequences of nuclear fallout suffered in the wake of the 1986 Chernobyl incident. In 2014 in parts of Norway a rapid increase in radioactivity was reported in reindeer meat as a result of the consumption of specific mushrooms which store large amounts of cesium-137. In this article the question will be asked if reindeer herders can have a claim for compensation under the European Convention on Human Rights.
Table of Contents
1. Radioactive Contamination in the Arctic: Economic losses caused by the Consumption of cortinarius caperatus with elevated levels of cesium-137 by rangifer tarandus as a Problem of Human Rights Law
Objectives & Themes
This work examines the legal and economic implications for reindeer herders in the Arctic, specifically concerning the residual radioactive contamination from the 1986 Chernobyl disaster affecting local food chains. It explores potential avenues for seeking compensation through human rights law and domestic legal systems when traditional livelihoods are threatened by environmental pollution.
- Radioactive contamination of the Arctic food chain via mushrooms.
- Economic and cultural impacts on indigenous reindeer herding.
- Application of the European Convention on Human Rights (ECHR) to environmental damage.
- Challenges in pursuing legal accountability against successor states of the Soviet Union.
- Domestic legal remedies and state liability for nuclear damage.
Excerpt from the Book
Radioactive Contamination in the Arctic: Economic losses caused by the Consumption of cortinarius caperatus with elevated levels of cesium-137 by rangifer tarandus as a Problem of Human Rights Law
In autumn 2014, a spike in cesium-137 in reindeer meat was reported in parts of central Norway. The cesium-137 comes from the 1986 accident in the nuclear reactor in Chernobyl, in what is today Ukraine. The key reason why this became a problem again last year is a mushroom named cortinarius caperatus, which is considered a delicacy by both humans and, apparently, reindeer. Last year the temperature and humidity led to a significant number of these mushrooms being available and hence a corresponding consumption by reindeer. The problem with this mushroom is not only that might be confused with similar looking poisonous cortinarius variants but also that it essentially “acts like a sponge”: It takes up and stores not only cesium-137 but also, for example, cadmium to an extent that it can be a risk to human health, and is a good example for how outside pollution already threatens the food safety in the North.
Especially when it comes to mushrooms and berries, this is something which I believe deserves much more research because due to these outside influences, traditional knowledge about local food sources might not be applicable anymore.
cesium-137 is tricky. It has a half-life of a bit over 30 years, so the heritage of Chernobyl will still be with us for some time, right now more than half of the Chernobyl cesium-137 is still around. cesium-137 does not normally exist in nature, it is a product of nuclear energy processes, both in nuclear reactors and nuclear weapons. cesium 137 salts are be water soluble, which makes it fairly easy to spread in the natural environment. Combined with a host system like cortinarius caperatus, this is a problem.
Summary of Chapters
1. Radioactive Contamination in the Arctic: Economic losses caused by the Consumption of cortinarius caperatus with elevated levels of cesium-137 by rangifer tarandus as a Problem of Human Rights Law: This introductory section outlines the environmental problem of radioactive cesium-137 impacting reindeer herding, discusses the ecological role of specific mushrooms, and addresses the legal challenges in seeking compensation for these damages under international and domestic law.
Keywords
Arctic, Reindeer herding, Cesium-137, Chernobyl, Indigenous rights, Human Rights Law, ECHR, Environmental pollution, Food safety, Compensation, Liability, Radioactive contamination, Cortinarius caperatus, Soviet Union, Succession of States
Frequently Asked Questions
What is the primary focus of this research?
The work focuses on the economic and human rights implications for Arctic reindeer herders facing ongoing radioactive contamination of their herds due to the 1986 Chernobyl disaster.
Which central topics are discussed?
Key topics include the ecological pathway of cesium-137 through mushrooms to reindeer, the resulting threat to food security, the legal protection of indigenous livelihoods under the ECHR, and the complexities of international state liability.
What is the central research question?
The work investigates whether reindeer herders can hold successor states of the Soviet Union accountable for lost profits and livelihood damage caused by radioactive contamination under existing human rights and civil law frameworks.
Which methodology is applied?
The author employs a legal analysis, utilizing case law from the European Court of Human Rights and examining international treaties on state succession and civil liability for nuclear damage.
What does the main part of the work cover?
The main body examines the scientific context of radioactive half-lives, the economic risks to herders, the applicability of Article 8 ECHR, and the challenges of pursuing litigation against Russia or Ukraine.
How would you characterize this work with keywords?
The work is characterized by terms such as Arctic, Reindeer herding, Human Rights Law, Cesium-137, and State Liability.
How does the mushroom "cortinarius caperatus" contribute to the problem?
It acts as a biological sponge, efficiently absorbing and storing cesium-137 from the soil, which is then ingested by reindeer, leading to contaminated meat.
Why is the "clean slate doctrine" relevant?
It is used by Ukraine as a legal argument to potentially reject responsibility for historical claims related to the 1986 disaster, complicating litigation efforts.
Is reindeer herding considered a protected livelihood under the ECHR?
Yes, historical decisions by the European Commission of Human Rights have recognized reindeer herding as falling under the protection of the right to private life in Article 8 ECHR.
Could Russian civil law offer a path for compensation?
Yes, Russian law provides for strict liability in tort for created dangers, which the author suggests could serve as an interesting avenue for pursuing compensation for nuclear-related damage.
- Citar trabajo
- Dr. Stefan Kirchner (Autor), 2015, Radioactive Contamination in the Arctic, Múnich, GRIN Verlag, https://www.grin.com/document/301166
