Incentivising the adoption of a global liability regime for transboundary harm from offshore oil and gas incidents

Abstract

In June 2017, Heads of States convened in New York to uphold their “strong commitment” to ensure the sustainable use of oceans, seas and marine resources.1 This direction is by no means novel. The sovereign right of States to exploit natural resources located under the seabed within their jurisdiction has traditionally been counterbalanced by their general obligation to protect and preserve the marine environment and to prevent transboundary harm to neighbouring States. This thesis examines how the integration of the precautionary principle within the obligation of States to prevent transboundary harm from offshore activities under their jurisdiction contributes in the development of international environmental law to align with established international policy objectives. It advances that this integration refines the procedural and substantive facets of the obligation so as to require States to adopt one or more liability regime(s) dealing with such harm. Ultimately, it purports to present a legal argument in support of a policy action which adequately balances the aforesaid obligation and the sovereign right of States to exploit natural resources offshore. In doing so, it contributes towards the attainment of sustainable development.

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