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Study on Legal Systems for Transboundary CCS Implementation and Transboundary Environmental Liability regarding CCS

2020
Scholarly Work
MoonSook Park
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
CCS Liability
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Summary/Abstract

This paper proposes a transboundary CCS liability framework that accounts for prepared standards and procedures around notification, risk impact assessment, and monitoring. The paper addresses regulatory systems for future transboundary CCS implementation, and covers regulatory systems for transboundary environmental liability. With regard to the transboundary CCS liability framework, the paper argues that it is desirable to introduce a state liability system, and adopt a primary liability system for CCS operators in which it is reasonable to consider a strict liability standard for domestic liability. In relation to the form of an international agreement regarding transboundary CCS operation and liability, a multilateral framework is desirable, but it is necessary to increase the possibility of an agreement by taking into account the forms of bilateral treaties or guidelines if necessary.

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