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The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction de Dawoon Jung

The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction: Legal Aspects of Sustainable Development, cartea 28

Autor Dawoon Jung
en Limba Engleză Hardback – 27 sep 2023
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.
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Specificații

ISBN-13: 9789004508743
ISBN-10: 9004508740
Pagini: 200
Dimensiuni: 155 x 235 mm
Greutate: 0.43 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of Sustainable Development

Notă biografică

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.

Cuprins

Foreword

1Introduction
1 The Growing Interest in Offshore Renewable Energy Activities

2 Sources of Offshore Renewable Energy
2.1Wind Energy
2.1.1 Structure of Wind Turbines

2.1.2 Cables

2.1.3 Offshore Substation


2.2Ocean 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


2.3Solar Energy


3 Challenges Arising from Offshore Renewable Energy Activities
3.1Environmental Challenges

3.2Conflicts with Other Uses of the Oceans

3.3Legal Challenges


4 Outline of the Book


2Legal 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
2.1Sovereignty 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


2.2Constraints 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
3.1unclos as a Living Instrument

3.2Rules of Reference

3.3Regional Agreement

3.4Treaty 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


3.5Soft Law and the Amplification of unclos


4 Conclusion


3Environmental Impact Assessment
1 Introduction

2 An eia Obligation within unclos
2.1Lack of Details of an eia Obligation under Article 206

2.2The Legal Nature of an eia Obligation

2.3Interpretation and an eia Obligation under Article 206


3 An eia for Offshore Renewable Energy Activities
3.1Screening

3.2Scoping: the Contents of an eia

3.3Notification and Consultation
3.3.1 Notification to States Likely to Be Affected

3.3.2 Publication of Reports under Article 205


3.4Public Participation

3.5Final Decision

3.6Post-Project Monitoring


4 Strategic Environmental Assessment

5 Conclusion


4Protection of the Marine Environment from Offshore Renewable Energy Operations
1 Introduction

2 Prevention of Pollution from Offshore Renewable Energy Operations under Article 208
2.1Prevention of Pollution from Seabed Activities under Article 208

2.2Absence of Competent International Organizations for Offshore Renewable Energy Activities

2.3The Limits of Regional Regulations to Regulate Offshore Renewable Energy Activities


3 Article 192 and Offshore Renewable Energy Activities
3.1General Obligation to Protect the Marine Environment under Article 192

3.2Article 192 and a Due Diligence Obligation


4 Marine Biodiversity-Related Instruments and Offshore Renewable Energy Activities
4.1Normative Interactions between Article 192 and Marine Biodiversity-Related Instruments

4.2Regulations for the Protection of Marine Biodiversity
4.2.1 Convention on Biological Diversity

4.2.2 Regional Regulations for the Protection of Marine Biodiversity


4.3Regulations 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


4.4The Nature of Resolutions Adopted by Global and Regional Institutions

4.5The Relationship between Supplementary Agreements

4.6The Role of the Scientific Council


5 Conclusion


5Navigation Rights and Offshore Renewable Energy Activities
1 Introduction

2 Ships’ Routeing Measures
2.1unclos and Ships’ Routeing Measures
2.1.1 Territorial Sea

2.1.2 Straits Used for International Navigation

2.1.3 Archipelagic Waters


2.2colregs and solas

2.3imo 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
3.1Maritimes Zones under Sovereignty

3.2Exclusive 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


6Decommissioning of Offshore Renewable Energy Installations
1 Introduction

2 Removal of Disused Offshore Renewable Energy Installations
2.1Offshore Renewable Energy Installations Located in the Territorial Sea

2.2Offshore 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


2.3National Legislation: Decommissioning of Offshore Renewable Energy Installations in the UK


3 Disposal at Sea: Regulations of Dumping of Offshore Renewable Energy Installations
3.1Dumping under unclos

3.2The 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


3.3Regional Regulations on Dumping


4 Transform of Offshore Renewable Energy Installations to an Artificial Reef
4.1The Applicability of Article 60(3) of unclos

4.2Do Artificial Reefs Qualify as Dumping?

4.3Regional Regulations on Artificial Reefs


5 Conclusion


7Marine Spatial Planning and Offshore Renewable Energy Activities
1 Introduction

2 msp as a Form of Integrated Oceans Management
2.1Integrated Oceans Management

2.2Key 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


2.3unclos and msp


3 Planning and Implementation of msp
3.1Procedures of msp

3.2Co-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
4.1The North-East Atlantic

4.2Baltic Sea

4.3The Role of Regional Sea Treaty Bodies in the Development of msp


5 Conclusion


8Conclusion
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