Production of Energy from Renewable Sources in Disputed Maritime Areas

Society of Legal Scholars, 115th Annual Conference, Bristol, İngiltere, 3 - 05 Eylül 2024, ss.2, (Yayınlanmadı)

Sustainable energy development has become a vital priority for states in mitigating climate change, and the oceans,

possessing vast potential energy resources, are increasingly attracting investment. So far, these investments have

generally been made in maritime areas where the investor state's jurisdiction is uncontested. However, maritime areas

suitable for energy generation are limited, as only specific maritime areas are conducive to such production, and only a

few parts of them are under undisputed jurisdiction of a state. This limitation may prompt states to conduct unilateral

activities towards energy generation in disputed maritime areas, that is areas have not been delimited, in the future.

Also, areas, where energy is generated, could later become subjects of delimitation disputes if there is a change in a

state’s claims regarding delimitation.

Conflicts between neighbouring coastal states are typically sparked by unilateral activities of a state to develop mineral

resources or exploit living marine resources in a disputed area. The underlying concern is that such activities can cause

irreparable prejudice to the rights of the other state, potentially leading to compensation claims. Energy production

from renewable sources, prima facie, does not appear to cause such harm to the marine environment. Nonetheless, the

rapid expansion of energy activities at sea exacerbates the issue of competing uses of maritime space and underscores

the need to balance the interests of various sea users with the imperative to protect the marine environment. If these

activities are conducted in disputed areas, it will further complicate and intensify the controversy.

As outlined above, the production of energy from renewable sources in disputed maritime areas raises significant legal

challenges. These issues will be analysed in the presentation at the 115th Annual Conference of the Society of Legal

Scholars.