Wind Energy on the High Seas: Regulatory Challenges for a Science Fiction Future

Abstract

This paper aims to study the current regulation and governance of wind energy turbines on the high seas and detect regulatory challenges. We focus on the existing regulatory framework to develop marine wind farms in areas beyond national jurisdiction (ABNJ), the nature of wind farms and wind turbines in said areas, and which governance schemes and institutions ought to coordinate and regulate any future marine wind energy development. Our research shows that under public international law, the deployment of wind turbines on (most parts of) the high seas for all States is possible, but many issues still remain, either thinly regulated or unanswered. We inquire where, by whom, and how can marine wind parks be built on the high seas according to public international law and the United Nations Convention on the Law of the Sea (the LOSC). Lastly, we evaluate the possible role of marine spatial planning (MSP) in developing wind energy on the high seas.

Winds of Change: A Study on the Resource Viability of Offshore Wind Energy in Montenegro

“…3 The total number of control points that have average annual wind speeds of less than 7 m/s. 4 The total number of control points that have mean annual wind speeds greater than 7 m/s.…”

“…The results regarding the presence of resource potential for wind power plant construction at sea in Montenegro are presented in Table 8. Block assessment criteria: The block does not have the resource potential needed to build a wind farm (0); The block has the resource potential needed to build a wind power plant (1-2); The block has a high resource potential required for the construction of a wind power plant (3)(4); The block has extremely high resource potential required for the construction of a wind power plant (6)(7)(8)(9).…”

“…Research by Jia et al (2022) highlights the significant impact of electricity consumption from renewable sources on economic growth, employment, and direct foreign investment [3]. Offshore wind farm projects play a vital role in the blue economy and sustainable development by utilizing the marine ecosystem to generate goods essential for humanity [4]. Furthermore, advancements in engineering within the renewable energy sector have led to a decrease in the levelized cost of energy (LCOE) for renewables, rendering them fully competitive with fossil energy sources in terms of LCOE value [5].…”

“…The technical wind potential is calculated by multiplying the sea surface area by average annual wind speeds between 7 to 8 m/s, with values set at 3 MW/km 2 [20]. In Europe in 2022, offshore wind farms exhibited an average installed capacity density ranging from 5 MW/km 2 to 5.4 MW/km 2 [4].…”

Gone with the Wind? Wind Farm-Induced Wakes and Regulatory Gaps

“…Furthermore, Art 60 UNCLOS provides that the coastal State has jurisdiction (i) to establish and use artificial islands, installations and structures 16 ; (ii)conduct marine scientific research; (iii) protect and preserve the marine environment and other duties and obligations stipulated elsewhere in the Convention. 17 Offshore wind farms and their respective turbines can be classified as either 'installations' or 'structures' under Art 60 UNCLOS [48,49]. This means that coastal States are the only ones that have the right to control, utilise and regulate these resources in a said area based their respective sovereign rights [42].…”