Energy at Sea:

New challenges over troubled waters

Professor Maria Gavouneli

Faculty of Law, University of Athens

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

A multitude of sources

Oil and gas: > Offshore installations

> Pipelines

Renewable sources of energy:

Windmills

Wave turbines > Cables

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

A multitude of concerns

Due regard to other uses of the seas:

Navigation: major trade routes

Fisheries: commercial and subsistence overfishing

Tourism: integrated coastal zone management

Prospecting: methane crystals

Sustainability:

Climate change considerations: a different mix?

Emissions management

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

A multitude of legal regimes

Law of the Sea

Investment: Transboundary cooperative projects

Protection of investors Dispute avoidance techniques Expedited settlement of dispute mechanisms

Environment: Procedural obligations: EIA, SIA Pollution: operational, accidental

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

A multitude of applicable laws

International Law Law of the Sea

BITs

Project-specific agreements

National laws

European Union law

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

A multitude of tools

Jurisdictional issues: Lack of space in the Med

Continental shelf delimitation

Is an EEZ a necessary component?

A European EEZ?

Deep seabed?

Apportioning responsibility: Operational agreements

Cooperation: a key concept

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

Defining jurisdictional zones I:

Italy-Greece: Continental shelf delimitation agreement (1977)

A possible extension to cover EEZ?

Slovenia-Croatia: Comprehensive delimitation agreement arbitration in progress

Greece-Albania: Continental shelf delimitation agreement? (2005)

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

Defining jurisdictional zones II

The Cyprus agreements:

Agreement between the Republic of Cyprus and the Arab Republic of Egypt on the Delimitation of the Exclusive Economic Zone, 17 February 2003 (entry into force: 7 March 2004)

Agreement between the Government of the Republic of Lebanon and the Government of the Cypriot Republic Delimiting the Exclusive Economic Zone, 17 January 2007 (not in force)

Agreement between the Government of the State of Israel and the Government of the Republic of Cyprus on the Delimitation of the Exclusive Economic Zone, signed in Nicosia on 17 December 2010 (entry into force: 25 February 2011)

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

3 June 2015 National & Kapodistrian University of Athens

3 June 2015 National & Kapodistrian University of Athens

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

3 June 2015 National & Kapodistrian University of Athens

3 June 2015 National & Kapodistrian University of Athens

Energy at Sea

3 June 2015 National & Kapodistrian University of Athens