Risk and responsibility : hydrocarbon extraction in the Arctic Ocean under international law

Abstract

This thesis examines the international law pertaining to offshore oil and gas extraction in the Arctic Ocean. The research question is: what conduct is necessary in advance of, during and following offshore hydrocarbon extraction in the Arctic Ocean and what legal obligations arise in the event that these obligations are not met and/or damage is incurred? The purpose is to identify the applicable primary and secondary rules and evaluate their effectiveness and weaknesses. This in turn is expected to make it easier for States considering licensing such activities to manage the risk and control their potential responsibilities and liabilities. A classical international law approach is taken, relying primarily on conventional and customary international law, supported by ample reference to secondary literature. The thesis is in four parts. Part One introduces the issue and its contemporary importance and discusses the sources of international law as these bear on the topic. Part Two provides a lengthy examination of the no-harm principle in international environmental law and its application in respect of continental shelf activities, before examining in depth three key procedural elements: the precautionary approach, the environmental impact assessment and monitoring. Following this study of the primary rules, Part Three examines the pertinent secondary rules regarding the responsibility of States for internationally wrongful acts and liability in the absence of wrongful conduct on the part of the State. The thesis is concluded by Part Four, drawing together the findings of the previous parts and identifies the strengths and weakness of international environmental law in the area.