The internationalisation of liability regimes for offshore petroleum exploration and production
Alexandra Wawryk A and Katelijn van Hende BA The University of Adelaide
B UCL Australia
The APPEA Journal 54(1) 209-230 https://doi.org/10.1071/AJ13022
Published: 2014
Abstract
The pollution caused by the explosion of the Deepwater Horizon oil rig in the Gulf of Mexico, and the Montara blowout in the Timor Sea, put the call for an international regulatory framework for oil pollution liability on the global agenda. Although international law regulates the prevention of offshore oil pollution and protection of the marine environment, certain activities do not fall inside the ambit of international regulations. For example, while new technology has made it possible for companies to drill to deeper depths and explore further away from the coastline, existing international conventions generally do not extend to liability for, and restoration of, damage caused by oil pollution from offshore installations. These issues are regulated by the national laws of the country that governs the continental shelf where the petroleum activities are conducted. Thus, from an international perspective, the legal regime is disperse and complex. The amount and complexity of claims arising from large-scale incidents has raised interest in creating a consistent international liability regime. This could be done through a multilateral treaty. Alternatively, the development and application of common principles across national and regional jurisdictions can lead to the increased internationalisation of liability regimes. This paper compares the laws of Australia, the USA and the UK to identify common principles for liability and environmental restoration. The authors argue that as the legal framework becomes internationalised, increasing pressure will be placed on companies to accept the highest standards of liability, rather than the lowest national standard.
Dr Alexandra Wawryk is a senior lecturer at the Law School of the University of Adelaide, where she teaches postgraduate courses in mining and energy law and international energy law. In 2013, she held a Barbara Kidman Research Fellowship at the University of Adelaide. Alexandra has published many articles on mining, energy and renewable energy law, and refereed numerous articles submitted for publication to a range of journals, including the University of New South Wales Law Journal, the Melbourne University Journal of International Law, the Australasian Journal of Natural Resources Law and Policy, the Asia Pacific Journal of Environmental Law and the Australian and New Zealand Journal of Maritime Law. She is an associate editor for online journal Oil Gas and Energy Law Intelligence Service (OGEL). Alexandra is a barrister and solicitor of the Supreme Court of SA. Member: International Union for Conservation of Nature: Commission of Environmental Law specialist group on renewable energy, Law Society of SA, the Australian Natural Resources and Energy Law Association (AMPLA), and a former committee member of SA Law Society: Planning, Environment and Local Government Committee and the Environmental Defenders Office of SA. alex.wawryk@adelaide.edu.au |
Dr Katelijn Van Hende graduated as Master of Laws cum laude at the University of Leuven (KULeuven) in Belgium in 2010, where she focussed on public law, EU and international law. During her studies at KULeuven, she took up the Erasmus program at Maastricht University in the Netherlands to further specialise in EU and international law. In 2012, Katelijn was granted an Australian Endeavour Award, which brought her to the School of Energy and Resources, University College London, Australia (UCL Australia), where she conducted comparative research in offshore energy regulation. She was recently awarded her PhD at Aarhus University in Denmark, on the regulation of offshore wind energy and grid infrastructure. Presently, Katelijn is a lecturer at UCL Australia, where she leads the courses on Law for Energy and Resources (SERAG004), International Policy and Geopolitics of Energy and Resources (SERAG007), she also undertakes research in these areas. katelijn.hende@ucl.ac.uk |
