The recent decision by the Amsterdam Court of Appeal to reject Nauru Ocean Resources Inc. (NORI)’s attempt to limit the right to protest at sea is a significant victory for peaceful protest, particularly in the context of deep sea mining. This ruling comes after NORI, a subsidiary of The Metals Company, sought to impose a 500-meter exclusion zone around its deep sea mining vessel, effectively attempting to prevent Greenpeace International from staging protests against its operations in the Pacific Ocean.
Greenpeace, which has been actively campaigning against deep sea mining due to concerns about its environmental impact, had already successfully resisted NORI’s attempt to obtain an injunction against a peaceful protest in late November 2023. That protest involved kayaks and small boats disrupting a mining expedition. The Amsterdam District Court at the time expressed understanding of Greenpeace’s actions, citing the “potentially very serious consequences” of deep sea mining and stating that the company had failed to demonstrate a valid legal interest in halting the protest.
In today’s ruling, the Court affirmed the application of the European Convention on Human Rights (ECHR) to vessels flying the flags of ECHR member states, such as the vessel NORI uses. This decision reaffirms the right to protest on the high seas, countering NORI’s argument that the ECHR does not apply in international waters. The Court ruled that NORI did not present sufficient evidence to demonstrate that Greenpeace’s protests posed any concrete risk to its operations, which further weakened its legal claim.
Greenpeace hailed the decision as an important stand for the right to protest, particularly as legal efforts by powerful corporations to silence dissent are becoming more common. Greenpeace International Legal Counsel Michel Uiterwaal emphasized the significance of this ruling, noting that such cases are often used to drain the resources of activist organizations that do not accept funding from governments or corporations.
Louisa Casson, a Greenpeace campaigner, pointed out that this decision is part of a broader global trend of increasing opposition to deep sea mining, with more than 30 governments calling for a halt to the industry and major businesses and insurers distancing themselves from it. Greenpeace continues to argue that governments must take advantage of this momentum and act to halt deep sea mining before it can cause irreversible harm to the oceans.
In the context of the growing global movement against deep sea mining, the ruling reinforces the importance of protecting the right to protest in the face of environmental threats, especially as the deep sea mining industry continues to face increasing scrutiny from both environmental organizations and governments.
