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The Liability Framework for the Shipping Phase of Carbon Capture and Storage

2018
Scholarly Work
Alice O'Brien
International Policy/Guidance
Carbon Capture, Utilization and Storage → Transportation
EU Emissions Trading Scheme
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Summary/Abstract

This thesis explores the legal challenges with the liability framework which regulates CO2 leakage during cross-border CO2-shipping activities in the North Sea. The aim of this thesis is to bring clarity to rhetoric in this area by identifying and analysing the key instruments applicable to CO2-shipping in respect of loss of cargo within the North Sea. It examines the shortcomings of the liability regime for CO2-shipping and suggests ways in which it may be revised to better account for the particular nature of the CCS value chain. It suggests that entry into force of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 2010 would overcome many of the challenges of the current regime by implementing a global, harmonised liability regime. Additionally, it argues that inclusion of shipping within Directive 2009/31/EC and the EU Emissions Trading Scheme is necessary to integrate CO2- shipping into the CCS value chain and incentivise the deployment of CO2-shipping in the North Sea.

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