Feb. 3, 2020

Professor published in Law of the Seabed

Professor Nigel Bankes has published a chapter in the new book The Law of the Seabed from Brill Publishing.

Nigel's chapter, "The Use of Sub-Seabed Transboundary Geological Formations for the Disposal of Carbon Dioxide," examines the legal issues associated with the use of sub-seabed transboundary geological structures including saline aquifers for storage or disposal purposes focusing on the geological sequestration of carbon dioxide or carbon capture and storage (CCS). Following an introduction to geological sequestration the chapter examines the issue in the context of the transboundary effects of storage. The chapter examines the work to develop guidelines that has been undertaken in the context of the Protocol to the London Dumping Convention. Subsequent sections of the chapter examines how these issues have been or could be dealt with in delimitation agreements, framework agreements and joint development agreements. The chapter also considers the status of disposal projects in areas of overlapping maritime entitlements.

The Law of the Seabed aims to make several contributions to the literature. First, a common scientific knowledge basis is necessary to correctly design legal rules, appraise their consequences – known and potential –, and reach evidence-based decisions. Therefore, the book starts with a multidisciplinary definition of the seabed that is rarely provided. Second, the book presents an up-to-date analysis of the most pressing and fundamental legal questions related to the use and protection of the seabed. It does this by juxtaposing sectoral regimes and comparing the regulatory approach in areas within and beyond the national jurisdiction. In doing so, the book argues for a more consistent and cross-sectoral approach, identifying some common management principles and tools. Third, many chapters offer a critical analysis and make suggestions for improvement of the applicable legal regime, the manner to fill legal gaps or to advance current treaty negotiations. In that sense, the book aims to contribute actively to several of the current processes at international, European or national levels.

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