Energy at Sea: New challenges over troubled waters Professor Maria Gavouneli Faculty of Law, University of Athens National & Kapodistrian University of.

Energy at Sea:New challenges over troubled

waters

Professor Maria GavouneliFaculty of Law, University of Athens

National & Kapodistrian University of Athens 9 April 2015

Energy at Sea

A multitude of sources:

Oil and gas: > Offshore installations

> Pipelines

Renewable sources of energy:

Windmills

Wave turbines > Cables


Energy at sea

I. Jurisdiction: Who’s the boss?

Maritime zones: jurisdictional gradationTS: sovereignty

BUT: innocent passage

CS: sovereign rightsAnything attached to the seabed? Mineral resources

of the seabed and the subsoil – art. 77 LOSC

EEZ: sovereign rights Economic exploration and exploitation …. such as the

production of energy – art. 56 LOSC


Energy at sea

I. Jurisdiction (cont’d):

Delimitation:

Energy installations as special circumstances:

An economic factor: Tunisia/Libya (1985), para. 107

ONLY upon express or implied agreement: Cameroun/Nigeria (2002), para. 304 Nicaragua/Honduras (2007), paras 207-208 Guyana/Suriname (2007), paras 466-467


Energy at Sea

I. Jurisdiction (cont’d):

The Cyprus agreements: Agreement between the Republic of Cyprus and the

Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone, 17 February 2003 (entry into force: 7 March 2004)

Agreement between the Government of the Republic of Lebanon and the Government of the Cypriot Republic Delimiting the Exclusive Economic Zone, 17 January 2007 (not in force)

Agreement between the Government of the State of Israel and the Government of the Republic of Cyprus on the Delimitation of the Exclusive Economic Zone, signed in Nicosia on 17 December 2010 (entry into force: 25 February 2011)


Energy at Sea




Energy at Sea



Energy at sea

II. PlacementEnvironmental Impact Assessment: The principle

National & Kapodistrian University of Athens

LOSC Pulp Mills (2010)

Assessment of potential effects of activities – art. 206 LOSC – before ‘as far as practicable’

… ‘due diligence and the duty of vigilance and prevention which it implies, would not be considered to have been exercised, if a party planning works liable to affect [the marine environment] did not undertake an EIA on the potential effects of such works – para. 204

Monitoring the risks or effects of pollution – art. 204 LOSC – during ‘shall keep under surveillance’

…’continuous monitoring of its effects on the environment shall be undertaken’ throughout the life of the project – para. 2059 April 2015

Energy at sea

II. Placement (cont’d)

Environmental impact assessment: The content

Mediterranean Offshore Protocol 1994:

A survey concerning the effects of the proposed activities on the environment – art. 5

… which may amount to an EIA – Annex IV

Oil and gas platforms ONLY

Espoo Convention 1991: all offshore installations

Directive 85/337/EC: all offshore installations


Energy at Sea

II. Placement (cont’d)

Due regard to other uses of the seas:

• Navigation: major trade routes

• Fisheries: commercial and subsistence overfishing

• Tourism: integrated coastal zone management

• Prospecting: methane crystals

Sustainability:

• Climate change considerations: a different mix?

• Emissions management


Energy at sea

II. Placement (cont’d):

allocating space to different uses

ensuring sustainability

and in the high seas?


Energy at sea

III. Apportioning responsibility

The general rule:

applicable to all offshore installations

Art. 235 LOSC

Mediterranean Convention 1976/1995

Directive 2004/35/EU


Energy at sea

III. Apportioning responsibility (cont’d)

Allocating liability:

Pipelines: arts 113-114 LOSC

Operational agreements on specific projects


Energy at Sea: New challenges over troubled waters Professor Maria Gavouneli Faculty of Law, University of Athens National & Kapodistrian University of.

Documents

republic of cyprus

exclusive economic zone

energy installations

cypriot republic

economic factor

republic of lebanon

works para

seajurisdiction contd