Energy at Sea: New challenges over troubled waters Professor Maria Gavouneli Faculty of Law, University of Athens National & Kapodistrian University of Athens9 April 2015

Energy at Sea A multitude of sources: Oil and gas: > Offshore installations > Pipelines Renewable sources of energy: Windmills Wave turbines> Cables National & Kapodistrian University of Athens 9 April 2015

Energy at sea  Jurisdiction: Who’s the boss? Maritime zones: jurisdictional gradation TS: sovereignty BUT: innocent passage CS: sovereign rights Anything 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 National & Kapodistrian University of Athens 9 April 2015

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 Guyana/Suriname (2007), paras National & Kapodistrian University of Athens9 April 2015

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) National & Kapodistrian University of Athens9 April 2015

Energy at Sea National & Kapodistrian University of Athens9 April 2015

National & Kapodistrian University of Athens9 April 2015

National & Kapodistrian University of Athens9 April 2015

Energy at Sea National & Kapodistrian University of Athens9 April 2015

National & Kapodistrian University of Athens9 April 2015

Energy at sea II. Placement Environmental Impact Assessment: The principle National & Kapodistrian University of Athens LOSCPulp 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 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 National & Kapodistrian University of Athens9 April 2015

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 National & Kapodistrian University of Athens9 April 2015

Energy at sea II. Placement (cont’d): allocating space to different uses ensuring sustainability and in the high seas? National & Kapodistrian University of Athens Marine Spatial Planning Due regard EIA 9 April 2015

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 National & Kapodistrian University of Athens9 April 2015

Energy at sea III. Apportioning responsibility (cont’d) Allocating liability: Pipelines: arts LOSC Operational agreements on specific projects National & Kapodistrian University of Athens9 April 2015