Transboundary transportation of CO2 associated with carbon capture and storage projects

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Courtesy of Lexxion Verlagsgesellschaft mbH

International legal issues raised by Carbon Capture and Storage (CCS) have received close attention in recent years, including important amendments being made to two international marine environment protection treaties – the global London Protocol 1 and the regional OSPAR Convention2 – to resolve their uncertain legal treatment of CO2 storage into the sub-seabed. To date, however, most published analysis on international legal issues raised by CCS has focused on those associated with the “third element” in the CCS project chain: long-term storage of the CO2. The focus of this paper is on key international legal issues raised by the “second element” in the CCS project chain: transport of the CO2 from its capture point to its storage location. More specifically, it investigates legal issues raised under selected international treaty instruments when the CO2 being transported has a cross-border element. This could arise in any CCS project, both onshore and offshore (or a mixture of both), where the CO2 being transported leaves the territorial jurisdiction of one state and enters into the territorial jurisdiction of one or more other states.

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