Climate change and renewable energy from the ocean and tides: Calming the sea of regulatory uncertainty

David Leary, Miguel Esteban

Research output: Contribution to journalArticle

37 Citations (Scopus)

Abstract

We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.

Original languageEnglish
Pages (from-to)617-651
Number of pages35
JournalInternational Journal of Marine and Coastal Law
Volume24
Issue number4
DOIs
Publication statusPublished - 2009 Dec 1
Externally publishedYes

Fingerprint

renewable energy
tide
climate change
uncertainty
energy
ocean
navigation
coastal state
Law
commercialization
legal system
international law
research and development
sea
environmental impact
jurisdiction
UNO
United Nations
funding
incentive

Keywords

  • Ocean energy and domestic legal systems
  • Ocean energy and international law
  • Ocean energy as renewable energy

ASJC Scopus subject areas

  • Oceanography
  • Geography, Planning and Development
  • Environmental Science(all)
  • Management, Monitoring, Policy and Law
  • Law

Cite this

Climate change and renewable energy from the ocean and tides : Calming the sea of regulatory uncertainty. / Leary, David; Esteban, Miguel.

In: International Journal of Marine and Coastal Law, Vol. 24, No. 4, 01.12.2009, p. 617-651.

Research output: Contribution to journalArticle

@article{11f1e4cc33a846ac923089652dad5861,
title = "Climate change and renewable energy from the ocean and tides: Calming the sea of regulatory uncertainty",
abstract = "We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.",
keywords = "Ocean energy and domestic legal systems, Ocean energy and international law, Ocean energy as renewable energy",
author = "David Leary and Miguel Esteban",
year = "2009",
month = "12",
day = "1",
doi = "10.1163/092735209X12499043518269",
language = "English",
volume = "24",
pages = "617--651",
journal = "International Journal of Marine and Coastal Law",
issn = "0927-3522",
publisher = "Martinus Nijhoff Publishers",
number = "4",

}

TY - JOUR

T1 - Climate change and renewable energy from the ocean and tides

T2 - Calming the sea of regulatory uncertainty

AU - Leary, David

AU - Esteban, Miguel

PY - 2009/12/1

Y1 - 2009/12/1

N2 - We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.

AB - We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.

KW - Ocean energy and domestic legal systems

KW - Ocean energy and international law

KW - Ocean energy as renewable energy

UR - http://www.scopus.com/inward/record.url?scp=70450267596&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=70450267596&partnerID=8YFLogxK

U2 - 10.1163/092735209X12499043518269

DO - 10.1163/092735209X12499043518269

M3 - Article

AN - SCOPUS:70450267596

VL - 24

SP - 617

EP - 651

JO - International Journal of Marine and Coastal Law

JF - International Journal of Marine and Coastal Law

SN - 0927-3522

IS - 4

ER -