The role of private actors in the offshore energy industry has expanded with regard to both the law-making processes and the implementation of the relevant legal framework. This article critically examines the role private actors are playing in the offshore energy sector in order to delineate some trends in the ways in which private actors act and interact at the international level. It focuses in particular on instances where there is a delegation of regulatory powers or the implementation duties from the international and supranational level to the private actors. The article ultimately strives to identify which model(s) of participation by private actors the offshore energy sector is developing.
Espoo 25 February1991in force 10 September 1997 1989 unts 310.
Helsinki 24 September1992in force 17 January 2000 1507 unts 167. The Helsinki Convention has been amended many times since 1992. Any reference in the present text refers to the last version as in force in 2008 and as available on the website on the Baltic Marine Environment Protection Commission—Helsinki Commission (helcom) at http://www.helcom.fi; accessed 11 September 2014. Annex vi of the Helsinki Convention concerns the prevention of pollution from offshore activities and its text is available at http://www.helcom.fi/about-us/convention/annexes/annex-vi; accessed 11 September 2014.
Kiev 21 May2003in force 10 July 2010 ece/mp.eia/2003/2 21 May 2003 available at http://www.unece.org/env/eia/sea_protocol.html; accessed 11 September 2014.
London 2 November1973amended by the 1978 Protocol (London 1 June 1978) 1340 unts 184.
On 21 August2009a well of the Montara platform located in the Australian waters of the Timor Sea blew out and caused a leak of an estimated rate 400 barrels (approximately 64 tonnes) of crude oil a day. The uncontrolled release continued until 3 November 2009. The blowout caused transboundary pollution damage in the Indonesian exclusive economic zone (see “Oil leaking ‘five times faster’ than thought” in abc News (22 October 2009) available at www.abc.net.au/news; accessed 11 September 2014; Australian Maritime Safety Authority “Response to the Montara Wellhead Platform Incident Report of the Incident Analysis team” (March 2010) at 7 available at www.amsa.gov.au; accessed 11 September 2014).