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The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction
Series: - Legal Aspects of Sustainable Development, Volume: 28
Author:
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
Dawoon Jung, Ph.D. (2020), the University of Edinburgh, is a Lecturer at the Australian National Centre for Ocean Resources and Security, the University of Wollongong. She has published articles and book chapters on the law of the sea and environmental law.
Foreword
1 Introduction
1 The Growing Interest in Offshore Renewable Energy Activities
2 Sources of Offshore Renewable Energy
2.1 Wind Energy
2.1.1 Structure of Wind Turbines
2.1.2 Cables
2.1.3 Offshore Substation
2.2 Ocean Energy
2.2.1 Wave Energy
2.2.2 Tidal Range and Current Energy
2.2.3 Ocean Thermal Energy
2.2.4 Salinity Gradient
2.3 Solar Energy
3 Challenges Arising from Offshore Renewable Energy Activities
3.1 Environmental Challenges
3.2 Conflicts with Other Uses of the Oceans
3.3 Legal Challenges
4 Outline of the Book
2 Legal Framework for Offshore Renewable Energy Activities
1 Introduction:
unclos
as a Basic Legal Framework
2 Balancing Interests between the Coastal State and Other States within
unclos
2.1 Sovereignty and Sovereign Rights over Offshore Renewable Energy
2.1.1 Sovereignty over Maritime Zones
2.1.2 Sovereign Rights over the
eez
and the Continental Shelf
2.2 Constraints on Sovereignty and Sovererign Rights of the Coastal State
2.2.1 Navigation
2.2.2 Protection and Preservation of the Marine Environment
3 Legal Mechanisms for Updating
unclos
3.1
unclos
as a Living Instrument
3.2 Rules of Reference
3.3 Regional Agreement
3.4 Treaty Interpretation
3.4.1 Treaty Interpretation under the
vclt
3.4.2 Subsequent Agreements under Article 31(3)(a)
3.4.3 Subsequent Practice under Article 31(3)(b)
3.4.4
unclos
and ‘Any Relevant Rules’ under Article 31(3)(c) of the
vclt
3.5 Soft Law and the Amplification of
unclos
4 Conclusion
3 Environmental Impact Assessment
1 Introduction
2 An
eia
Obligation within
unclos
2.1 Lack of Details of an
eia
Obligation under Article 206
2.2 The Legal Nature of an
eia
Obligation
2.3 Interpretation and an
eia
Obligation under Article 206
3 An
eia
for Offshore Renewable Energy Activities
3.1 Screening
3.2 Scoping: the Contents of an
eia
3.3 Notification and Consultation
3.3.1 Notification to States Likely to Be Affected
3.3.2 Publication of Reports under Article 205
3.4 Public Participation
3.5 Final Decision
3.6 Post-Project Monitoring
4 Strategic Environmental Assessment
5 Conclusion
4 Protection of the Marine Environment from Offshore Renewable Energy Operations
1 Introduction
2 Prevention of Pollution from Offshore Renewable Energy Operations under Article 208
2.1 Prevention of Pollution from Seabed Activities under Article 208
2.2 Absence of Competent International Organizations for Offshore Renewable Energy Activities
2.3 The Limits of Regional Regulations to Regulate Offshore Renewable Energy Activities
3 Article 192 and Offshore Renewable Energy Activities
3.1 General Obligation to Protect the Marine Environment under Article 192
3.2 Article 192 and a Due Diligence Obligation
4 Marine Biodiversity-Related Instruments and Offshore Renewable Energy Activities
4.1 Normative Interactions between Article 192 and Marine Biodiversity-Related Instruments
4.2 Regulations for the Protection of Marine Biodiversity
4.2.1 Convention on Biological Diversity
4.2.2 Regional Regulations for the Protection of Marine Biodiversity
4.3 Regulations for the Protection of Marine Species
4.3.1 Convention on the Conservation of Migratory Species of Wild Animals
4.3.2 Regional Agreements under the
cms
4.3.3 International Convention for the Regulation of Whaling
4.4 The Nature of Resolutions Adopted by Global and Regional Institutions
4.5 The Relationship between Supplementary Agreements
4.6 The Role of the Scientific Council
5 Conclusion
5 Navigation Rights and Offshore Renewable Energy Activities
1 Introduction
2 Ships’ Routeing Measures
2.1
unclos
and Ships’ Routeing Measures
2.1.1 Territorial Sea
2.1.2 Straits Used for International Navigation
2.1.3 Archipelagic Waters
2.2
colreg
s and
solas
2.3
imo
Resolution A.572(14)
2.3.1 Resolution A.572(14) on General Provisions on Ships’ Routeing
2.3.2 Amendment of Resolution A.572(14) on General Provisions on Ships’ Routeing
2.3.3 Navigational Risk Assessment
3 Safety Zones around Offshore Renewable Energy Installations
3.1 Maritimes Zones under Sovereignty
3.2 Exclusive Economic Zone
3.2.1 Article 60(4) of
unclos
3.2.2 Breadth of Safety Zones
3.2.3 Enforcement in Safety Zones
4 Conclusion
6 Decommissioning of Offshore Renewable Energy Installations
1 Introduction
2 Removal of Disused Offshore Renewable Energy Installations
2.1 Offshore Renewable Energy Installations Located in the Territorial Sea
2.2 Offshore Renewable Energy Installations Located in the
eez
and Continental Shelf
2.2.1 Article 60(3) of
unclos
2.2.2
imo
Resolution A.672 (16)
2.2.3 Generally Accepted International Standards under Article 60(3) of
unclos
2.3 National Legislation: Decommissioning of Offshore Renewable Energy Installations in the UK
3 Disposal at Sea: Regulations of Dumping of Offshore Renewable Energy Installations
3.1 Dumping under
unclos
3.2 The 1972 London Dumping Convention and Its 1996 Protocol
3.2.1 The 1972 London Dumping Convention
3.2.2 The 1996 Protocol to the 1972 London Dumping Convention
3.2.3 Guidelines for the Assessment of Wastes and Other Matter
3.3 Regional Regulations on Dumping
4 Transform of Offshore Renewable Energy Installations to an Artificial Reef
4.1 The Applicability of Article 60(3) of
unclos
4.2 Do Artificial Reefs Qualify as Dumping?
4.3 Regional Regulations on Artificial Reefs
5 Conclusion
7 Marine Spatial Planning and Offshore Renewable Energy Activities
1 Introduction
2
msp
as a Form of Integrated Oceans Management
2.1 Integrated Oceans Management
2.2 Key Principles for the Implementation of
msp
2.2.1 Ecosystem-Based approach
2.2.2 Multisectoral Approach
2.2.3 Participatory Approach
2.2.4 Cross-border and Transboundary Cooperation
2.3
unclos
and
msp
3 Planning and Implementation of
msp
3.1 Procedures of
msp
3.2 Co-location of Offshore Renewable Energy Activities and Other Activities
3.2.1 Marine Protected Areas
3.2.2 Commercial Fishing
3.2.3 Evaluation
4 The Development of
msp
at the Regional Level
4.1 The North-East Atlantic
4.2 Baltic Sea
4.3 The Role of Regional Sea Treaty Bodies in the Development of
msp
5 Conclusion
8 Conclusion
1
unclos
as a Living Instrument and Offshore Renewable Energy Activities
2 Normative Developments for Offshore Renewable Energy Activities within
unclos
3 A Need for a New Treaty to Regulate Offshore Renewable Energy Activities?
Bibliography
Index
1 Introduction
1 The Growing Interest in Offshore Renewable Energy Activities
2 Sources of Offshore Renewable Energy
2.1 Wind Energy
2.1.1 Structure of Wind Turbines
2.1.2 Cables
2.1.3 Offshore Substation
2.2 Ocean Energy
2.2.1 Wave Energy
2.2.2 Tidal Range and Current Energy
2.2.3 Ocean Thermal Energy
2.2.4 Salinity Gradient
2.3 Solar Energy
3 Challenges Arising from Offshore Renewable Energy Activities
3.1 Environmental Challenges
3.2 Conflicts with Other Uses of the Oceans
3.3 Legal Challenges
4 Outline of the Book
2 Legal Framework for Offshore Renewable Energy Activities
1 Introduction:
2 Balancing Interests between the Coastal State and Other States within
2.1 Sovereignty and Sovereign Rights over Offshore Renewable Energy
2.1.1 Sovereignty over Maritime Zones
2.1.2 Sovereign Rights over the
2.2 Constraints on Sovereignty and Sovererign Rights of the Coastal State
2.2.1 Navigation
2.2.2 Protection and Preservation of the Marine Environment
3 Legal Mechanisms for Updating
3.1
3.2 Rules of Reference
3.3 Regional Agreement
3.4 Treaty Interpretation
3.4.1 Treaty Interpretation under the
3.4.2 Subsequent Agreements under Article 31(3)(a)
3.4.3 Subsequent Practice under Article 31(3)(b)
3.4.4
3.5 Soft Law and the Amplification of
4 Conclusion
3 Environmental Impact Assessment
1 Introduction
2 An
2.1 Lack of Details of an
2.2 The Legal Nature of an
2.3 Interpretation and an
3 An
3.1 Screening
3.2 Scoping: the Contents of an
3.3 Notification and Consultation
3.3.1 Notification to States Likely to Be Affected
3.3.2 Publication of Reports under Article 205
3.4 Public Participation
3.5 Final Decision
3.6 Post-Project Monitoring
4 Strategic Environmental Assessment
5 Conclusion
4 Protection of the Marine Environment from Offshore Renewable Energy Operations
1 Introduction
2 Prevention of Pollution from Offshore Renewable Energy Operations under Article 208
2.1 Prevention of Pollution from Seabed Activities under Article 208
2.2 Absence of Competent International Organizations for Offshore Renewable Energy Activities
2.3 The Limits of Regional Regulations to Regulate Offshore Renewable Energy Activities
3 Article 192 and Offshore Renewable Energy Activities
3.1 General Obligation to Protect the Marine Environment under Article 192
3.2 Article 192 and a Due Diligence Obligation
4 Marine Biodiversity-Related Instruments and Offshore Renewable Energy Activities
4.1 Normative Interactions between Article 192 and Marine Biodiversity-Related Instruments
4.2 Regulations for the Protection of Marine Biodiversity
4.2.1 Convention on Biological Diversity
4.2.2 Regional Regulations for the Protection of Marine Biodiversity
4.3 Regulations for the Protection of Marine Species
4.3.1 Convention on the Conservation of Migratory Species of Wild Animals
4.3.2 Regional Agreements under the
4.3.3 International Convention for the Regulation of Whaling
4.4 The Nature of Resolutions Adopted by Global and Regional Institutions
4.5 The Relationship between Supplementary Agreements
4.6 The Role of the Scientific Council
5 Conclusion
5 Navigation Rights and Offshore Renewable Energy Activities
1 Introduction
2 Ships’ Routeing Measures
2.1
2.1.1 Territorial Sea
2.1.2 Straits Used for International Navigation
2.1.3 Archipelagic Waters
2.2
2.3
2.3.1 Resolution A.572(14) on General Provisions on Ships’ Routeing
2.3.2 Amendment of Resolution A.572(14) on General Provisions on Ships’ Routeing
2.3.3 Navigational Risk Assessment
3 Safety Zones around Offshore Renewable Energy Installations
3.1 Maritimes Zones under Sovereignty
3.2 Exclusive Economic Zone
3.2.1 Article 60(4) of
3.2.2 Breadth of Safety Zones
3.2.3 Enforcement in Safety Zones
4 Conclusion
6 Decommissioning of Offshore Renewable Energy Installations
1 Introduction
2 Removal of Disused Offshore Renewable Energy Installations
2.1 Offshore Renewable Energy Installations Located in the Territorial Sea
2.2 Offshore Renewable Energy Installations Located in the
2.2.1 Article 60(3) of
2.2.2
2.2.3 Generally Accepted International Standards under Article 60(3) of
2.3 National Legislation: Decommissioning of Offshore Renewable Energy Installations in the UK
3 Disposal at Sea: Regulations of Dumping of Offshore Renewable Energy Installations
3.1 Dumping under
3.2 The 1972 London Dumping Convention and Its 1996 Protocol
3.2.1 The 1972 London Dumping Convention
3.2.2 The 1996 Protocol to the 1972 London Dumping Convention
3.2.3 Guidelines for the Assessment of Wastes and Other Matter
3.3 Regional Regulations on Dumping
4 Transform of Offshore Renewable Energy Installations to an Artificial Reef
4.1 The Applicability of Article 60(3) of
4.2 Do Artificial Reefs Qualify as Dumping?
4.3 Regional Regulations on Artificial Reefs
5 Conclusion
7 Marine Spatial Planning and Offshore Renewable Energy Activities
1 Introduction
2
2.1 Integrated Oceans Management
2.2 Key Principles for the Implementation of
2.2.1 Ecosystem-Based approach
2.2.2 Multisectoral Approach
2.2.3 Participatory Approach
2.2.4 Cross-border and Transboundary Cooperation
2.3
3 Planning and Implementation of
3.1 Procedures of
3.2 Co-location of Offshore Renewable Energy Activities and Other Activities
3.2.1 Marine Protected Areas
3.2.2 Commercial Fishing
3.2.3 Evaluation
4 The Development of
4.1 The North-East Atlantic
4.2 Baltic Sea
4.3 The Role of Regional Sea Treaty Bodies in the Development of
5 Conclusion
8 Conclusion
1
2 Normative Developments for Offshore Renewable Energy Activities within
3 A Need for a New Treaty to Regulate Offshore Renewable Energy Activities?
Bibliography
Index
Academics, legal scholars, practitioners, policymakers, industry participants, students, and anyone else interested in the regulation of offshore renewable energy activities.