Ocean Energy: A Legal Perspective (original) (raw)

Marine renewable energy—the essential legal considerations

The United Nations Secretary-General, in the 67th annual report, Oceans and the Law of the Sea, gave a preliminary statement regarding the governance policy and legal framework for marine renewable resources. The report also suggested establishing a relevant legal regime but did not provide any details. Legislative and research work have positive effects in facilitating marine renewable energy programmes. It is also a necessary precondition to create a relevant legal governance regime, in order to establish a concrete marine renewable energy programme. This article examines international legal duties and obligations in relation to the exploration of marine renewable energy. It also examines state practice in the USA, the UK and Canada.

Legal and Political Barriers and Enablers to the Deployment of Marine Renewable Energy

Energies, 2021

Ocean energy is a promising source of clean renewable energy, with clear development targets set by the European Commission. However, the ocean energy sector faces non-technological challenges and opportunities that are frequently overlooked in deployment plans. The present study aimed to provide a critical evaluation of the ocean energy sector’s legal, institutional, and political frameworks with an identification and analysis of both barriers and enabling features for the deployment of ocean energy. In the first stage, a literature review on the current political and regulatory frameworks of a set of European countries was carried out, setting the basis for the main challenges and enabling factors faced by the sector. Secondly, a critical analysis of the main non-technological barriers and enablers was performed, which was supported by questionnaires sent to regulators, technology developers, and test-site managers. This questionnaire allowed us to collect and integrate the views,...

Marine governance in an industrialised ocean: A case study of the emerging marine renewable energy industry

Marine Policy, 2015

The world's oceans are currently undergoing an unprecedented period of industrialisation, made possible by advances in technology and driven by our growing need for food, energy and resources. This is placing the oceans are under intense pressure, and the ability of existing marine governance frameworks to sustainably manage the marine environment is increasingly being called into question. Emerging industries are challenging all aspects of these frameworks, raising questions regarding ownership and rights of the sea and its resources, management of environmental impacts, and management of ocean space. This paper uses the emerging marine renewable energy (MRE) industry, particularly in the United Kingdom (UK), as a case study to introduce and explore some of the key challenges. The paper concludes that the challenges are likely to be extensive and argues for development of a comprehensive legal research agenda to advance both MRE technologies and marine governance frameworks.

Climate Change and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty

The International Journal of Marine and Coastal Law, 2009

We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1782 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.

Riding the Wave: Confronting Jurisdictional and Regulatory Barriers to Ocean Energy Development

… Gate U. Envtl …, 2011

technologies at full maturity, but that number could double or triple with projected long-term technical improvements. 3 Locations with the greatest wave power potential include the western seaboard of Europe, the northern coast of the United Kingdom, and the Pacific coastlines of North and South America, Southern Africa, Australia, and New Zealand, thanks to long expanses of ocean with exposure to prevailing westerly winds that deliver powerful waves to these coasts. 4 From a national perspective, the National Renewable Energy Laboratory estimates U.S. wave energy extraction potential to be roughly 200 gigawatts (GW). 5 The Electric Power Research Institute (EPRI) approximates total available wave energy flux off of U.S. coastlines at 2,300 TWh per year, though only a fraction of that may be technically and economically recoverable, and over half of the resource is located off Alaska's sparsely populated coasts. 6 Developing fifteen percent of the nation's wave energy resources and converting them to electricity at an average eighty-percent efficiency would generate 255 TWh. This equals approximately six and a half percent of total U.S. electricity generation, or enough electricity to power about twenty-five million homes-not an insubstantial contribution, to say the least. 7 Renewable energy technologies have garnered increasing support and attention in recent years, largely due to concerns about climate 3 See id.; see also Tom Thorpe, An Overview of Wave Energy Technologies: Status,

The Permitting, Licensing and Environmental Compliance Process: Lessons and Experiences within U.S. Marine Renewable Energy

Energies, 2021

The marine renewable energy (MRE; renewable energy captured from waves, tides, ocean currents, the natural flow of water in rivers, and marine thermal gradients, without building new dams or diversions) industry has a vital role in the U.S. clean energy strategy as we progress to meet U.S. electricity and blue economy needs with renewable, domestic energy sources. However, a thorough assessment of the U.S. marine energy permitting process from the viewpoints of both developers that propose projects and regulators that permit them has not been performed. Sharing practical experiences in this new industry is vital to increase the efficiency and effectiveness of the permitting process, identify data and information gaps, develop lessons learned, and advance the industry. This paper is a case study of qualitative findings, lessons learned, and recommendations from guided discussions, workshops, and webinars with both marine renewable energy developers and state and federal regulators th...

Navigating legal pathways: Optimizing energy sustainability through compliance, renewable integration, and maritime efficiency

Engineering science & tecnology journal, 2024

This concept paper explores the intricate interplay between legal frameworks and energy sustainability, focusing on compliance, renewable energy integration, and maritime efficiency. The maritime industry, a significant contributor to global emissions, faces unique challenges and opportunities in transitioning towards sustainability. By examining current legal pathways and best practices, this paper aims to provide insights and recommendations for optimizing energy sustainability in the maritime sector. The concept paper begins by outlining the current regulatory landscape, highlighting key international conventions, regional regulations, and emerging trends shaping the maritime industry's sustainability agenda. It then delves into compliance challenges faced by maritime stakeholders, including regulatory complexities, enforcement issues, and the need for harmonization. The paper also explores the role of renewable energy in maritime sustainability, analyzing successful integration strategies, such as hybrid propulsion systems, wind-assisted propulsion, and shore power solutions. It highlights legal frameworks supporting renewable energy adoption and identifies opportunities for further innovation. Furthermore, the concept paper examines maritime

Economic and Legal Aspects of Ocean Wave Energy Conversion

2006

With the recent advent of commercial ocean wave energy projects, there is no clear economic model or legal process for developers to follow. This report focuses on wave energy business and legal jurisdiction issues. These issues are addressed with regards to siting license dilemmas, which government agencies may assert jurisdiction, economic / business incentives for renewables, and wave energy economic factors. This report also investigates regulatory actions and incentive programs needed to promote wave energy conversion technology. All topics are discussed from the view point of an engineer on the subject of making emerging technologies such as wave energy converters successful.