International and European legal aspects on underground geological storage of CO2 (original) (raw)
The international and European legal rules surrounding the concept of CO 2 storage is fragmentary. This causes legal uncertainty and is bound to slow investments down. Some of the existing rules, such as the OSPAR and London Conventions implies that CO 2 storage in sub seabed geological formations is not allowed for climate change mitigating purposes according to the current definitions of dumping of wastes. Even if absolute certainty about the exact application of a legal rule is not possible, it is necessary to know if an activity is lawful. The concept of CO 2 capture and storage (CCS) is suitable for international or regional regulation first because the issue of climate change is global and second because the geological formations suitable for storage cover vast areas underground and does not follow state boundaries. If an accident would occur it can therefore not be ruled out that the consequences would be transboundary. National law has not been investigated in this paper and its influence on the concept of CO 2 storage is probably not negligible. The concept of CO 2 storage needs to be a priority in the international agenda. To a certain extent it already is, but only as far as technical issues are concerned. It is time to involve also environmentalists, lawyers and the public, with little or no technical background. The future application and success of the concept will depend on scientists' ability to make it understandable to others and to stress the urgency with which the matter of climate change must be met. The "wait and see-" approach that many countries apply will inevitably delay this development.
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