The International Regulation of Offshore Energy Installations

Public International Law Discussion Group (Part II)

In this talk, we will attempt to discuss points of interest, taking also into consideration the role offshore installations may or may not play in the determination of judicial proceedings before international courts and tribunals. The United Nations Convention on the Law of the Sea 1982 (“UNCLOS”) includes provisions for at least three categories of energy installations: offshore platforms used for oil and gas exploration and exploitation; offshore platforms used for the generation of energy from renewable sources; and submarine cables and pipelines. The regulatory framework for each one of these should cover each stage of their deployment, from the initial determination of coastal State jurisdiction to placement and operational responsibility. It should also cover potential liability for any damage caused by their presence in the marine environment. There is a wide variety of rules applicable, some of them of long provenance, others newly-minted; some of them specific to the task, others offering simply the general parameters of a regulation. As energy operations at sea expand, the multitude of applicable rules adds to the challenges we face for the future.