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Carbon Capture and Storage: A New Challenge for International Environmental Law

2007
Scholarly Work
Jürgen Friedrich
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
United Nations Convention on the Law of the Sea
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Summary/Abstract

This article assesses the general compatibility of CCS in sub-seabed geological formations with the relevant treaty regimes. The first part of this article will point to some issues of compatibility arising under the climate change regime. In the second part, the legality of CCS under the seabed with regard to marine protection treaties is addressed in a manner that merely highlights the main legal problems rather than exhaustively discussing all the legal and factual technicalities of this issue. To the extent that incompatibilities arise, possible avenues of treaty adaptation and coordination are identified. These flexible means give testimony to the ability of international environmental treat law to quickly respond to new challenges, often in deviation from traditional forms of consent in international law. Overall, the article is also intended to give an overview over some of the issues that are under discussion and are being addressed within the respective treaty regimes in response to the challenge.

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