Summary/Abstract
This report examines the potentially applicable laws to the use of ships to transport carbon dioxide that has been captured in Europe to the United States for sequestration. Much of the report would also be relevant to the shipping of carbon dioxide from other origins to other destinations, though domestic laws at either end of the trip may also be relevant.
This report, which is the first to comprehensively study international transport of carbon dioxide, makes several original contributions. First, it highlights the current legal uncertainties involving the cross-border shipping of carbon dioxide for sequestration. Second, it illustrates how market-based mechanisms under the Paris Climate Agreement do and do not relate to carbon dioxide shipping and sequestration, and the need for clarification. Third, the report provides a detailed analysis of the domestic U.S. laws applicable to the cross-border shipping and sequestration of carbon dioxide, and analyzes the legal consequences of the construction of a pier (or jetty) to enable the receipt of carbon dioxide shipped from overseas. Finally, liability regimes studied go beyond maritime conventions to include contractual liability and U.S. admiralty and maritime jurisdiction.