Transcript 5. Ms. Rudra V. Kapila

International Workshop on “Carbon Capture and Storage
in the Power Sector: R&D Priorities for India”
Hotel Ashok, New Delhi 23rd Jan 2008
A Legal Perspective of Carbon
Capture & Storage
Rudra V. Kapila
University of Edinburgh
[email protected]
School
School of
of GeoSciences
GeoSciences
Subsurface
Subsurface Research
Research Group
Group
Overview of Legal Issues
• International Law and Obligations
• Marine Legislation
• Climate Change Legislation
• National Legal and Regulatory Framework
• Property rights issues - including ownership and liability
at storage sites and intellectual property rights.
• Monitoring & verification
• Emissions trading schemes
School of GeoSciences
Subsurface Research Group
Overview of Legal Issues
• International Law and Obligations
• Marine Legislation
• Climate Change Legislation
• National Legal and Regulatory Framework
• Property rights issues - including ownership and liability
at storage sites and intellectual property rights.
• Monitoring & verification
• Emissions trading schemes
School of GeoSciences
Subsurface Research Group
Overview of Legal Issues
• International Law and Obligations
• Marine Legislation
• Climate Change Legislation
• National Legal and Regulatory Framework
• Property rights issues - including ownership and liability
at storage sites and intellectual property rights.
• Monitoring & verification
• Emissions trading schemes
School of GeoSciences
Subsurface Research Group
Marine Legal Instruments
• United Nations Convention on the Law of the Sea (UNCLOS)
1982:
Overarching agreement - vague and provides framework for all areas
related to the sea, including marine protection.
• The London Convention 1972:
Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste
materials generated by manufacturing or processing operations. Prohibits
deliberate disposal of CO2 directly into marine waters. Does not expressly mention
the sub-seabed
•The London Protocol 1996:
Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of
wastes from vessels or manmade platforms is prohibited. “Sea” is defined to
include seabed and subsoil thereof.
School of GeoSciences
Subsurface Research Group
Marine Legal Instruments
• United Nations Convention on the Law of the Sea (UNCLOS) 1982:
Overarching agreement - vague and provides framework for all areas related to the
sea, including marine protection.
• The London Convention 1972:
Prohibits the dumping at sea of industrial wastes. Industrial waste includes
waste materials generated by manufacturing or processing operations.
Prohibits deliberate disposal of CO2 directly into marine waters. Does not
expressly mention the sub-seabed.
•The London Protocol 1996:
Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of
wastes from vessels or manmade platforms is prohibited. “Sea” is defined to
include seabed and subsoil thereof.
School of GeoSciences
Subsurface Research Group
Marine Legal Instruments
• United Nations Convention on the Law of the Sea (UNCLOS) 1982:
Overarching agreement - vague and provides framework for all areas related to the
sea, including marine protection.
• The London Convention 1972:
Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste
materials generated by manufacturing or processing operations. Prohibits
deliberate disposal of CO2 directly into marine waters. Does not expressly mention
the sub-seabed.
• The London Protocol 1996:
Dumping of industrial wastes is prohibited. Deliberate disposal into the sea
of wastes from vessels or manmade platforms is prohibited. “Sea” is
defined to include seabed and subsoil thereof.
School of GeoSciences
Subsurface Research Group
Marine Legal Instruments
• United Nations Convention on the Law of the Sea (UNCLOS) 1982:
Overarching agreement - vague and provides framework for all areas related to the
sea, including marine
INDIAprotection.
CONTEXT:
• India is a signatory party to UNCLOS
• The London Convention 1972:
• India is NOT a party to the London
Prohibits the dumping
at sea of
industrial
Industrial
waste includes waste
Convention
NOR
has itwastes.
ratified
the London
materials generated
by manufacturing or processing operations. Prohibits
Protocol
deliberate disposal of CO2 directly into marine waters. Does not expressly mention
the sub-seabed.
CCS CONTEXT:
•The London
Protocol
1996:EU collaboration for
• This
is a barrier
offshorewastes
projects
Dumping of industrial
is prohibited. Deliberate disposal into the sea
of wastes from vessels or manmade platforms is prohibited. “Sea” is
defined to include seabed and subsoil thereof.
School of GeoSciences
Subsurface Research Group
Climate Change Legislation
• United Nations Framework Convention on Climate
Change (UNFCCC):
Overarching agreement - imposes general requirement upon contracting
parties’ governments to adopt policies and make various commitments
towards the stabilisation and eventual reduction of greenhouse gas (GHG)
concentration.
• The Kyoto Protocol 1997:
Provides signatory parties’ with actual legally-binding obligations and targets for the
reduction of their GHG emissions. The Protocol shares the Convention’s aims,
principles and institutions, but requires developed countries (Annex 1) to reduce
their emissions of GHG by at least 5% from 1990 levels in commitment period
2008-2012.
School of GeoSciences
Subsurface Research Group
Climate Change Legislation
• United Nations Framework Convention on Climate Change (UNFCCC):
Overarching agreement - imposes general requirement upon contracting parties’
governments to adopt policies and make various commitments towards the
stabilisation and eventual reduction of greenhouse gas (GHG) concentration.
• The Kyoto Protocol 1997:
Provides signatory parties’ with actual legally-binding obligations and
targets for the reduction of their GHG emissions. The Protocol shares the
Convention’s aims, principles and institutions, but requires developed
countries (Annex 1) to reduce their emissions of GHG by at least 5% from
1990 levels in commitment period 2008-2012.
School of GeoSciences
Subsurface Research Group
Climate Change Legislation
• United Nations Framework Convention on Climate Change (UNFCCC):
Overarching agreement - imposes general requirement upon contracting parties’
CONTEXT:
governments toINDIA
adopt policies
and make various commitments towards the
stabilisation and• India
eventual
reduction
of greenhouse
gas (GHG) concentration.
is a
signatory
party to UNFCCC
• India HAS ratified the Kyoto protocol, but
only be legally
• The Kyotowill
Protocol
1997:bound to GHG emission
cuts post 2012.
Provides signatory parties’ with actual legally-binding obligations and
targets for the reduction of their GHG emissions. The Protocol shares the
Convention’s CCS
aims,CONTEXT:
principles and institutions, but requires developed
countries (Annex 1) to reduce their emissions of GHG by at least 5% from
This legal commitment
may encourage
1990 levels in• commitment
period 2008-2012.
India to consider onshore projects.
School of GeoSciences
Subsurface Research Group
Summary
• International legal frameworks are meant to influence
individual nations to respect certain norms or incorporate
them into national law.
• India is currently not a contracting party to key marine
legislation - this may be an obstacle for offshore projects.
• Status of CCS under UNFCCC and Kyoto still remains
uncertain - but has potential to become significant post
2012. Possible legal foundation for onshore projects in
India.
School of GeoSciences
Subsurface Research Group
Thank You!
Rudra V. Kapila
[email protected]
School of GeoSciences
Subsurface Research Group