Summary/Abstract
This paper reviews the international actions taken to remove the legal obstacles for transboundary CO2 transfer under the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol). The paper undertakes a legal analysis to identify possible options available to contracting parties under international law to allow transborder movement, pending entry into force of a formal, 2009 amendment enabling cross-border transportation of CO2; and makes clear recommendations on the next best approach. It then looks at efforts undertaken by contracting parties and other organizations in 2011 and 2012 to update the 2007 Specific Guidelines for Assessment of Carbon Dioxide Streams for Disposal into Sub-seabed Geological Formations (2007 CO2 Storage Guidelines) in light of the 2009 amendment.
*Please note that the 2009 amendment was adopted by Parties to the London Protocol and allows for sub-seabed geological formations for sequestration projects to be shared across national boundaries – effectively allowing CO2 streams to be exported for CCS purposes (provided that the protection standards of all other London Protocol requirements have been met). However, while the 2009 amendment has yet to enter into force, the Parties have adopted a resolution to allow provisional application of the amendment to article 6 of the Protocol to allow sub-seabed geological formations for sequestration projects to be shared across national boundaries.