High Seas Offshore Wind Faces Legal Barriers – Report

The development of wind energy in the high seas could unlock offshore potential, but the lack of a legal framework might become a major obstacle, according to a report by Chatham Partners.

The Offshore Wind in High Seas: Unlimited potential beyond national control? report writes that if technology allowed the construction of wind farms in the high seas, the current legal framework would not have the scope to cover such development.

The high seas are said to make up half of the surface area of the planet and cover more than two-thirds of the oceans. However, the lack of clear rules will be a challenge for using any of these areas for offshore wind.

In particular, uncertainty around the right of use, ownership and jurisdiction of the high seas presents a significant challenge, the report states.

Building close to shore in an Exclusive Economic Zone (EEZ) means that the relevant state has the remit to govern and authorize project installation and operations under its national laws, but no such jurisdiction or governing body exists for the high seas, and, as such, offshore wind would be too great a risk for any company to invest in.

Chatham Partners notes that precedents for international cooperation exist in the scope of current legislation, such as the Regional Fisheries Management Organisations which regulate fishing in the high seas, but they provide an example of how many years a legal framework can take to be built.

“Currently, offshore wind developers are only able to consider a third of the available sea when planning new sites. The high seas could have the potential to further unlock the expansion of offshore wind beyond what can be developed along coastlines if the industry deems it feasible from an economic and technical perspective. However, the technology to allow development in these areas could outpace the legislation,” said Felix Fischer, Partner at Chatham Partners.

“Without a legal framework, these sites will remain out of reach for developers for decades to come. If the high seas should become part of the answer to expanding offshore wind development and contribute to global decarbonisation, building a viable legal framework is critical.”

According to Chatham Partners, the industry should call for discussions to form a robust legal framework now or risk missing the opportunities the high seas could offer in decades to come.

The Germany-based law firm concluded that although it clearly has barriers to overcome, offshore wind at high seas could drastically increase capacity by adding almost 70% more construction space to consider.