Marine renewable energies in areas beyond national jurisdiction: legal answers to new environmental and governing challenges

Project Information

RENEWABLE-HIGH-SEAS

Grant agreement ID: 892077

DOI

10.3030/892077

Project closed

EC signature date 29 April 2020

Start date 1 January 2021

End date 22 April 2023

Funded under

• EXCELLENT SCIENCE - Marie Skłodowska-Curie Actions

Total cost

€ 172 932,48

EU contribution

€ 172 932,48

Coordinated by

UNIVERSIDAD DE JAEN
Spain

Periodic Reporting for period 1 - RENEWABLE-HIGH-SEAS (Marine renewable energies in areas beyond national jurisdiction: legal answers to new environmental and governing challenges)

Reporting period: 2021-01-01 to 2022-12-31

Summary of the context and overall objectives of the project

Nearly half of the Earth’s surface and close to two thirds of the global ocean are comprised by areas beyond national jurisdiction (ABNJ), i.e. the international seabed area (Area) and the high seas. This extensive area has unparalleled potential for the use of marine renewable energy (MRE) technologies to provide energy security and competitiveness to the States and in the fight against climate change at a global scale. In this regard, the massive and rapid deployment of MRE technologies at a global scale has been suggested in various studies as a solution to address climate change and its effects on marine ecosystems. However, the expansion of MRE technologies into ABNJ as well as the environmental impacts associated with their development can entail new risks and threats to security and biodiversity due to the significant governance gaps and regulatory challenges in ABNJ.

Hence, the aim of the project was to provide answers to the regulatory and governing challenges for the deployment of MRE technologies and the protection of the environment related to their development in ABNJ in a global and European regional context as well as advancing and strengthening the applicable regulatory and governing framework. Accordingly, the project has pursued three specific objectives: (1) analysing the ability of the global and European regional (restricted to Atlantic and Mediterranean ABNJ where the OSPAR and Barcelona Conventions have a mandate) frameworks for the deployment of MRE technologies and the protection of the environment related to their development in ABNJ; (2) exploring the potential role and ability of the main global energy agencies to regulate MRE technologies and the protection of the environment with respect to their development in ABNJ; and (3) providing suggestions to advance and strengthen marine conservation as it relates to renewable energy governance in ABNJ at a global and European regional scale.

The project thus generated knowledge to contribute to guaranteeing a secure and environmentally sustainable development of MRE technologies in marine areas where States have no sovereignty or jurisdiction.

Work performed from the beginning of the project to the end of the period covered by the report and main results achieved so far

The project started with an extensive literature review and analysis of the relevant legal framework for the governance of MRE technologies and the protection of environment related to their development in ABNJ. This included a thorough analysis of the main global and regional instruments including the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity, OSPAR and Barcelona Convention or the then expected Biodiversity Beyond National Jurisdiction (BBNJ) agreement, which was ultimately finalised on 4 March 2023. The analysis of relevant jurisprudence was also considered. This research verified and further contributed to explaining the two initial hypotheses regarding the key governing and regulatory challenges related to security and biodiversity associated with the deployment of MRE technologies in ABNJ.
Specific attention was paid to the BBNJ negotiations and the expected treaty. The analysis of the drafts of the BBNJ treaty identified that the regulation of area-based management tools, including marine protected areas, and the environmental impact assessment (EIA) under this treaty can potentially strengthen the regulatory and governing framework for MRE technologies in ABNJ and provide solutions to the identified challenges. An extensive analysis of the EIA under the BBNJ agreement was also performed.
The project has also explored the role of the main global energy agencies in providing a forum to regulate MRE technologies and the protection of the environment with respect their development in ABNJ.
Based on the analysis of existing models of governance in ABNJ and the results of the analysis conducted in previous stages of the project, several suggestions were provided to advance and strengthen marine conservation as it relates to MRE governance in ABNJ. This includes an initial exploration of three regulatory alternatives and forms of governance that could provide an effective way to give solutions to the identified problems. It has also provided various policy recommendations to be considered during the BBNJ negotiations and/or after the conclusion of the agreement.
The results of the project have been disseminated through open access articles in international peer-reviewed journals such as the Cambridge International Law Journal, book chapters, presentations in international conferences, publications in media journals, a radio interview and various invited lectures.

Progress beyond the state of the art and expected potential impact (including the socio-economic impact and the wider societal implications of the project so far)

The project has provided scientific knowledge to advancing and strengthening the renewable energy and related environmental governance in ABNJ as well as to opening-up discussions and debates in different forums. This is specifically achieved through the publications, the presentation in international conferences or the participation with a contribution related to the project topic at a Volume of The Centre for Studies and Research of The Hague Academy of International Law. More specifically, the project has contributed to advance the scientific knowledge in different ways: (1) identifying and analysing key regulatory and governing challenges associated with the development of MRE technologies in ABNJ; (2) providing knowledge and suggestions on how to advance and strengthen renewable energy and its related environmental governance in ABNJ; and (3) providing suggestions for preventing threats to international security associated with the development of MRE technologies in ABNJ.

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