OFFSHORELAW

The International Law of Offshore Construction: Cutting Through Fragmented Legal Regimes Towards Better Governance

 Partecipanti

Mappa

 Word cloud

Esplora la "nuvola delle parole (Word Cloud) per avere un'idea di massima del progetto.

 Obiettivo del progetto (Objective)

'Offshore constructions rise in numbers and importance. They promise high economic and scientific benefits, but they also increase risks of accidents and environmental damage. The incident of the offshore oil rig “Deepwater Horizon” in the Gulf of Mexico poignantly illustrates the limits of the existing legal framework that is fragmented along the lines of different geographical areas, different sectors of activities, and, notably, different fields of law. No international treaty specifically deals which the issue and academic research has shown little attention in spite of the multiplication of offshore constructions.

The proposed research project intends to fill this gap and wishes to contribute to better ocean governance. More specifically, it aims at clarifying the international legal framework that regulates the life of offshore constructions in order to provide useful legal tools to both private investors and policy makers.

The research will start with an analysis of multilateral treaties that do already contain obligations in the fields of environmental protection as well as maritime safety and security. Against this background, it then studies the practice of states both at the regional and bilateral level, placing particular emphasis on the role of the EU and the practice of EU member states.

With the Marie Curie Programme, the candidate could carry out her research project at the Netherlands Institute for the Law of the Sea (NILOS) at Utrecht University, one of the very best institutions in her field. The research project would train the candidate and consolidate the development of her academic career in a profound and lasting fashion. Her level of skills and expertise could now be expanded further at NILOS. The candidate would advance towards a senior academic position within 2-5 years upon completing the proposed project.'

Introduzione (Teaser)

The rise in offshore construction has led to explosions, fires and spills that have had a devastating impact on humans, the environment and the economy. An EU initiative aimed at developing an international legal framework that regulates offshore construction.

Descrizione progetto (Article)

Offshore industry laws in Europe are handled by the individual Member States. As a result, rules and regulations on safety and security issues such as accident prevention, damage mitigation and liability vary greatly.

To help achieve better ocean governance, the EU-funded OFFSHORELAW project proposed common standards towards a globally binding regulatory regime for the offshore sector.

Multilateral treaties on environmental protection, maritime safety and security were identified across global, national and local levels, and examined for potential conflicts and discrepancies. Regional and bilateral agreements on the use of resources across borders or for resources in contested areas were then analysed.

Research was carried out on the building, management, and removal or desertion of offshore installations mainly in the oil and gas industries. Results showed that international standards and rules were very different and certain legal issues were not regulated at all on a global scale. They also revealed that private stakeholders like the offshore industry influence law-making either positively or negatively depending on their interests.

EU-level standards for the safety and security of offshore installations were either lacking or applied differently. The limits of the current legal framework made the settlement of disputes concerning offshore installations much more difficult.

Finally, private investors and policymakers were provided with tools to regulate the offshore industry.

Thanks to OFFSHORELAW, the adoption of uniform regulations for the offshore industry is progressing. A global framework should also help protect marine life and exploit oceans in a more sustainable way.