Marine Global Commons Renewable Energy? International Law for a Sustainable Deep Ocean

The presentation aims to study the current regulation and governance of renewable energy platoforms installation on the high seas, and therefore in the Area. The Area is the legal denomination that UNCLOS (United Nations Convention on the Law of the Sea) confers to the deep ocean. The high seas and the Area are marine areas beyond State jurisdiction, or marine global commons. The high seas are mainly those waters outside of the 200 nautical mile Exclusive Economic Zone (EEZ) (UNCLOS, art. 86). The Area includes the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (UNCLOS, art. 1.1.). Technological advances currently allow that renewable energy platforms, such as wind turbines, be installed on the high seas. If renewable energy platforms are installed on the high seas, they will be attached to the deep ocean floor, or in legal terms, the Area; even if they are mobile or fixed platforms (Herrera Anchustegui & RadovIch, 2022).

This study will contribute to detect regulatory challenges concerning sustainable renewable energy generation in marine global commons. Will the generation of renewable energy in marine global commnos be sustainable and therefore, will it start taking place? Is currently any international autority vested with the power to grant authorizations for the installation of these platforms in marine global commons? The International Seabed Authority (ISA) was established under UNCLOS to administer the mineral resources of the Area. The Area has been declared common heritage of humankind by UNCLOS. However, ISA has no authority to grant permits to install these platforms on the high seas (Herrera Anchustegui & Radovich, 2022).

Is this topic regulated in the recently adopted Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) to UNCLOS? If the BBNJ Agreement enters into force, is it possible that its Conference of the Parties (COP) establishes an authority vested with this power?

The BBNJ Agreement has included for the first time in the history of the law of the sea indigenous peoples and local communities (IPLC’s) knowledge. Neither UNCLOS nor ISA regulations refer to IPLC’s. In what ways does the BBNJ include IPLC's knowledge? May IPLC's knowledge contribute to the regulation of renewable energy generation on marine global commons if the BBNJ enters into force? Does the BBNJ introduce a space of co-creation of knowledge?

How can international law address the environmental, social and economic impacts arising from deep-ocean activities related to the generation of renewable energy? Such as impacts to marine animals and ecosystems (Garthe et al, 2023) and equity in granting these permits.

References:

Garthe S, Schwemmer H, Peschko V, Markones N, Müller S, Schwemmer P, Mercker M. Large-scale effects of offshore wind farms on seabirds of high conservation concern. Sci Rep. 2023 Apr 13;13(1):4779. doi: 10.1038/s41598-

Herrera Anchustegui, I., & Radovich, V. (2022). Wind energy on the High Seas: Regulatory challenges for a science fiction future. Energies 15 (23), 9157.https://doi.org/10.3390/en15239157