Date of signature: 10 December 1982
Entry into force: 16 November 1994
Geographical scope: All areas of the world's seas.
Contracting Parties
: Status of ratifications as of November 2010
Current classification of CO2 under the Convention: not a regulated substance Current status of CCS under the Convention: not a regulated activity
What are the aims and requirements of the Convention?
The United Nations Convention on the Law of the Sea (UNCLOS) is a global international agreement that regulates the various zones of the world's oceans and seas. For a detailed analysis of the aims and requirements of UNCLOS, and the legal issues concerning CCS, please click here.
In order to protect the marine environment from pollution, UNCLOS requires states 'not to transfer, directly or indirectly, damage or hazards from one area to another' (Article 195). At present, there is no conclusive opinion as to whether CO2 constitutes a pollutant, nor whether it is considered a hazardous substance under UNCLOS. If CO2 is defined in this way, it would prevent states from transporting CO2 from the capture site to an offshore storage site.
The Convention divides the sea into different areas within which states enjoy different rights and obligations (see UNCLOS). Although the Convention does not address CO2 pipelines specifically, it regulates the laying of pipelines in general and these rules could be extended to CO2 pipelines. The right to lay pipelines is subject to different conditions and different jurisdictions can apply depending on the area of the sea where the pipeline is laid. Transport by ship could also fall under the provisions of the Convention.
Key legal issues concerning CCS
Transport in the territorial sea.What is it?
Consent of the coastal state is required to lay pipelines in this zone. Therefore, laying a CO2 pipeline for CCS would require the approval of all states whose territorial sea is crossed by the pipeline. This is relevant both when pipelines cross the territorial sea of a state for the purpose of offshore storage in the state's sub-seabed and when they traverse the territorial sea of the coastal state in order to reach a storage site located elsewhere. This consent would not be necessary in the event of transport by ship, due to the fact that states enjoy the right to free passage across territorial waters of other states ('right of innocent passage') provided that 'it is not prejudicial to the peace, good order and security of the coastal State' (Article 19 UNCLOS).
Transport in the Exclusive Economic Zone (EEZ)What is it?
While UNCLOS ensures the 'freedom of the laying of cables and pipelines', this right could be restricted if the coastal state believes that the pipeline would jeopardise its right to explore the continental shelf and exploit its natural resources, or conflict with its duty to prevent, reduce and control pollution from pipelines (see rights of the coastal state on the continental shelf). In either case, the coastal state is entitled to prohibit the placement of pipelines. It can also impose 'conditions for cables and pipelines entering its territory or territorial sea', and has jurisdiction over their construction and use, in connection with its rights over its continental shelf. As a result, in order to lay pipelines in the EEZ, including CO2 pipelines, the agreement of the coastal state is generally required under UNCLOS.
Transport on the Continental Shelf.What is it?
As for the EEZ, states are free to lay pipelines in the Continental Shelf, but are subject to the coastal state's consent and conditions.
Transport on the High Seas.What is it?
Article 87 lists the activities falling under the regime of 'freedom of the high seas', which embraces the freedom to lay submarine cables and pipelines.