چالش های ایمنی دریانوردی براثر تولید انرژی تجدیدپذیر دریایی و راهکارهای آن از منظر حقوق دریاها (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
لزوم مقابله با تأثیرات زیان بار تغییرات اقلیمی و افزایش نیاز به انرژی، تولید انرژی تجدیدپذیر را در سطح جهانی توجیه پذیر کرده است. همچنین با توجه به مزایای تولید انرژی در دریا، تولید انرژی تجدیدپذیر دریایی در بسیاری از کشورها اهمیت یافته است . درحال حاضر، نیروگاه های بادی فراساحلی در قالب مزارع بادی دریایی، عملیاتی شده اند و به میزان چشمگیری انرژی تولید می کنند. مزارع مزبور تأسیسات عظیم به هم پیوسته ای است که فضای درخور توجهی از دریا را اشغال می کند؛ ازاین رو توسعه تأسیسات تولید انرژی تجدیدپذیر دریایی به بروز چالش هایی برای ایمنی دریانوردی منجر می شود. مهم ترین چالش های مزبور، تصادم و برخورد کشتی ها و حتی هواپیماها با این تأسیسات و همچنین ورود آسیب به کابل های زیردریایی است. بنابراین، قبل از توسعه صنعت انرژی تجدیدپذیر دریایی، پرداختن به این چالش ها ضروری است. به منظور رویارویی با چالش های مزبور، در پرتو اسناد بین المللی حقوق دریاها و برخی مقررات ملی در این نوشتار راهکارهایی پیشنهاد شده است. این راهکارها شامل ارائه طرح های تفکیک تردد و مسیرهای دریایی توسط سازمان بین المللی دریانوردی با درنظرگرفتن ویژگی های خاص هر پروژه و شرایط منطقه دریایی، به همراه تنظیم مقررات ملی درخصوص انتخاب موقعیت مکانی مناسب برای احداث پروژه ها و حفظ رعایت فاصله ایمن کشتی ها در هنگام عبور از حوالی مزارع بادی و همچنین استفاده از برنامه ریزی برای فضای دریایی است. به کارگیری این راهکارها ایمنی دریانوردی را براثر توسعه انرژی تجدیدپذیر دریایی تضمین می کند.Maritime Safety Challenges Posed by Marine Renewable Energy Production and Their Solutions from the Perspective of the Law of the Sea
The need to combat the adverse effects of climate change, coupled with the rising energy demand, justifies the global production of renewable energy. On the other hand, due to the advantages of energy production in marine environments, the development of marine renewable energy has garnered significant attention in many countries. Offshore wind power plants are currently operational and produce a substantial amount of energy. These offshore wind farms are extensive interconnected facilities that occupy a considerable area of the sea. Therefore, the development of marine renewable energy production facilities can pose challenges to maritime safety, including potential collisions between ships and even airplanes with these facilities, as well as damage to submarine cables. Thus, it is essential to address these challenges before developing the marine renewable energy industry. To tackle these issues, this article proposes solutions based on international documents regarding the Law of the Sea and certain national regulations such as providing the Traffic Separation Scheme and sea lane routes - considering the specific characteristics of each project and the conditions of the maritime area - by the International Maritime Organization, crafting national regulations regarding the selection of appropriate site project and ensuring a safe distance for ships navigating through the wind farms area also implementing marine spatial planning. These solutions can ensure maritime safety as a result of the development of marine renewable energy. Keywords: Exclusive Economic Zone, International Maritime Organization, Marine Renewable Energy, Maritime Safety, UNCLOS 1. Introduction As the global energy demand grows and scientific awareness about the irreversible effects of climate change increases, the oceans are receiving remarkable attention as a rich source of energy. The oceans offer a vast and powerful source of renewable energy that has so far not been utilized on a significant scale. Marine renewable energy (hereinafter “MRE”) technologies have been fostered in many countries due to their potential contribution to achieving the decolonization of the energy system. Compared with other forms of traditional energy, MRE has unparalleled advantages. More importantly, MRE is a form of clean energy, the use of which will not cause pollution to the environment. However, this solution would result in challenges for maritime safety. Collisions between ships and renewable energy facilities, as well as damage to the energy transmission cables caused by ship anchors or fishing nets, present significant challenges for maritime safety arising from MRE production. The potential for these challenges to occur in busy areas, such as the Exclusive Economic Zone (hereinafter “EEZ”), is quite high. This study examines the challenges of maritime safety arising from MRE production through the lens of the law of the sea and some national regulations using a descriptive-analytical method and library resources. Also, this paper proposes potential solutions. The main research question of this study is whether the current legal regime governing MRE production in the EEZ is sufficient and reliable to ensure maritime safety. Since MRE technologies, particularly offshore wind farms, are currently operational in the EEZ, this article will focus on that area. To this end, this study is organized into three sections: the first section addresses the challenges of maritime safety. The next section examines the rights and obligations of states regarding maritime safety in the exclusive economic zone from the perspective of the law of the sea. Finally, in light of international documents and some national regulations, the third section proposes solutions, such as providing updated and case-specific traffic separation schemes by the International Maritime Organization, selecting suitable locations for project construction, and marine spatial planning to ensure maritime safety. 2. Methodology This study employs a comparative legal research method and utilizes library resources to examine the maritime safety challenges arising from marine renewable energy production from the perspective of the law of the sea and certain national regulations. 3. Results and Discussion All offshore installations, regardless of type, will have an impact on vessel navigation and safety in their vicinity. A renewable offshore site could affect navigation based on the traffic volume, types of waterway users, vessel sizes, and other vessel characteristics including speed capability, navigation equipment, and number of passengers. In addition, an installation could affect non-transit uses of the area, such as recreational fishing and day cruising, racing, marine regattas and parades, and aggregate dredging. These structures could also block or hinder the view of other vessels, the coastline, or other navigational features such as aids to navigation, landmarks, or promontories used by mariners to navigate. Wind farm infrastructure is also potentially vulnerable to accidents and damage from multi-use conflicts with other maritime activities. Broadly speaking, there are two categories of accidents to consider in this respect. The first is the potential for a collision between a ship and a wind turbine or substation at sea. The second is the potential for damage to undersea power cables from ship anchors or fishing practices such as bottom trawling. Collisions have the potential to physically damage both the ship and wind farm infrastructure, and to cause marine environmental damage should it result in spillage of oil or chemicals from the ship. Any subsequent clean-up operation would likely lead to an extended shutdown of wind farm operations to ensure the safety of those involved. The United Nations Convention on the Law of the Sea (hereinafter “UNCLOS”) serving as the “constitution of the oceans” provides the overall governance framework for offshore renewable energy developments by establishing both State rights and responsibilities. In terms of rights, the Convention clearly grants coastal States exclusive rights to exploit and regulate renewable energy sources in their offshore waters. Article 56(1) explicitly states that the coastal state has “sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters suprajacent to the seabed and of the seabed and its subsoil and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents, and winds.” This provision is not exhaustive and, thus, provides an umbrella for the harnessing of other types of marine energy not expressly mentioned such as geothermal energy, bioenergy, tidal barrages, and the conversion of oceanic thermal energy. Additionally, the coastal state has the right to establish reasonable “safety zones” around such installations and structures, of which “due notice” must also be given and thus must be respected by ships. Moreover, Article 58(3) provides that the coastal state is obliged to have “due regard” for the rights of other states when exercising its rights. Although the concept of “due regard” is ambiguous and open to interpretation, it is clear that the exercise of the coastal state's sovereign rights in EZZ cannot prevent other states from exercising their freedoms of navigation, overflight, and the laying of submarine cables and pipelines. Thus, activities such as the construction of offshore wind farms pose challenges in terms of maritime safety and marine environmental protection. UNCLOS also has given special attention to the decommissioning of installations in terms of maritime safety; it states that the primary reason for decommissioning marine installations is to ensure maritime safety, and refers to “generally accepted international standards” and “the competent international organization” (Article 60(3)). Despite the ambiguity in these provisions, since they are mostly related to maritime safety, the International Maritime Organization (hereinafter “IMO”) is generally introduced as the competent international organization in this field. IMO adopted resolutions applicable to the MRE installations such as Resolution A.671(16) on Safety of Navigation Around Offshore Installations and Resolution A.672(16) Removal of Offshore Installations. By UNCLOS, all states are obliged to give “due notice” and notification regarding the construction of offshore renewable energy installations, to maintain necessary warnings about their presence, and to establish reasonable safety zones to ensure maritime safety (Article 60(3) & (4)). The same paragraph of Article 60 also states that the coastal state may, where necessary, create reasonable safety zones around artificial islands and installations to ensure maritime safety and the safety of the artificial islands and installations. Such safety zones can also be established around any type of offshore installation, whether fixed or mobile. 3.1. Applicable solutions 3.1.1. Collision avoidance States that wish to route internationally shipping in the vicinity of wind farms must consider the IMO’s Resolutions and Guidelines. Among other things, these instruments urge states to indicate all permanent offshore installations and structures on appropriate navigational charts and request states to depict designated safety zones around offshore structures or installations on navigational charts using the legends, symbols, and notes recommended by the International Hydrographic Organization. Furthermore, the contracting states must ensure the proper use of the designated routes and compliance with the measures adopted IMO in relation to the establishment of ships' routing systems. Maritime hazards are largely influenced by the location and direction of the installation of offshore wind farms. Therefore, considering existing routes and traffic schemes to reduce potential hazards resulting from the establishment of wind farms in a specific area will be highly effective. Determining the “location” of an offshore wind farm is a crucial factor in ensuring maritime safety. This is significant enough that some states have created requirements in their national laws. For example, sections 14 to 17 of the Netherlands' 2015 Offshore Wind Energy Act and Marine Renewable Energy Act of the Province of Nova Scotia, Canada, last amended in 2020. 3.1.2. Maritime Spatial Planning Maritime spatial planning (hereinafter “MSP”) is about managing the distribution of human activities in space and time to achieve ecological, economic, and social objectives and outcomes. According to recent research, for the use of marine spatial planning in the development of renewable marine energy, potential areas for the production of renewable energy should be identified and specific areas should be considered for the installation of facilities and cable routes. Furthermore, considering UNCLOS’s approach to ensuring maritime safety protecting marine scientific research, or establishing safety zones around offshore installations, spatial planning for the marine environment within the framework of the law of the sea can be regarded as an effective method for maintaining order in different marine areas. The Maritime Spatial Planning Directive, adopted by the European Union, serves as an excellent example as European states are bound by this Directive to consider MRE production in their maritime areas. The Directive stipulates that contracting states must take into account environmental, economic, and social aspects, as well as safety considerations, in the planning of their maritime space, and cooperate with third states. 4. Conclusions and Future Research The emergence of new marine renewable energy technologies and the advantages of harnessing energy from the sea has led to rapid growth in the marine renewable energy industry within a short timeframe. However, this expansion has created challenges for maritime safety and environmental protection. It appears that the answer to the main question of this article is negative, indicating that the current legal framework is neither sufficient nor reliable to ensure maritime safety in light of the development of renewable energy production technologies in EEZ. This is attributed to the distinct and more dynamic characteristics of renewable energy production facilities compared to fossil fuel production facilities, which can pose challenges to maritime safety. As noted, the legal framework for producing marine renewable energy is not confined to a single instrument; rather, other international and national legal documents can complement the existing legal regime to address maritime safety challenges. This can be achieved through the active participation and cooperation of states and international organizations, particularly the International Maritime Organization.
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