The deployment of floating wind turbines on the high seas will require international laws for ownership, which could take decades to establish, according to a new report from Chatham Partners.
More than two thirds of the world’s oceans are outside the control of a single nation. The law firm, which specialises in renewable energy, says unless work to create a new legal framework begins now, the industry risks being locked out of these waters for many years.
The report notes there are precedents for international agreements to facilitate access to resources outside territorial waters.
For example, the International Seabed Authority (ISA) was created to permit public and private organisations to extract minerals from the seabed beyond their states’ jurisdiction. A treaty has also been proposed to govern biodiversity outside national borders, which Chatham says could provide a model for offshore wind.
But the report warns that the negotiations to establish the ISA took more than 20 years to complete. It says the biodiversity treaty has been debated since 2004 and will likely remain a draft for several more years.
Felix Fischer, partner at Chatham Partners, said: “Currently, offshore wind developers are only able to consider a third of the available sea when planning new sites. The high seas could have the potential to further unlock the expansion of offshore wind beyond what can be developed along coastlines if the industry deems it feasible from an economic and technical perspective.
“However, the technology to allow development in these areas could outpace the legislation. Without a legal framework, these sites will remain out of reach for developers for decades to come.
“If the high seas should become part of the answer to expanding offshore wind development and contribute to global decarbonisation, building a viable legal framework is critical.”
All of the North Sea falls within the territorial waters of neighbouring countries, with the UK controlling the largest area. Seabed rights within the UK are managed by the Crown Estate and Crown Estate Scotland.