Carbon dioxide capture and storage—liability for non-permanence under the UNFCCC

This paper analyzes how CCS could be integrated into the UNFCCC climate regime. As CO2 may re-enter the atmosphere after injection into geological reservoirs, the question of long-term liability has to be considered. Apart from this aspect, additional complexities arise from the fact that CO2 capture and storage can be carried out in two different countries. A classification of CCS cross-border activities shows that not all cases with non-Annex I participation fall under the CDM. Furthermore, the paper elaborates on the problem that seepage of CO2 from reservoirs located in non-Annex I countries – under current rules – would not be subtracted from the emission budget of any country. For these cases, solutions guaranteeing liability for possible non-permanence of CCS are proposed.