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254 IPCC Special Report on Carbon dioxide Capture and Storage table 5.8 Main international treaties for consideration in the context of geological CO2 storage (full titles are given in the Glossary). treaty Adoption (Signature) Entry into Force Number of Parties/Ratifications UNFCCC 1992 1994 189 Kyoto Protocol (KP) 1997 2005 132a UNCLOS 1982 1994 145 London Convention (LC) 1972 1975 80 London Protocol (LP) 1996 No 20a (26) OSPAR 1992 1998 15 Basel Convention 1989 1992 162 a Several other countries have also announced that their ratification is under way. • Most environmental treaties contain underlying concepts, such as sustainable development, precautionary approach or principles, that should be taken into account when applying their provisions; Convention) or does the process of its storage constitute • In terms of supremacy of different treaties, later treaties will supersede earlier ones, but this will depend on lex specialis, that is, provisions on a specific subject will supersede general ones (relevant to the relationship between the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol (KP) and the marine treaties); OSPAR)? • Amendment of treaties, if needed to permit CO2 storage, requires further negotiations, a minimum level of support for their adoption and subsequent entry into force and will amend earlier treaties only for those Parties that have ratified the amendments. While it is necessary to look at and interpret the treaty provisions themselves to determine the permissibility of CO2 storage, secondary sources contain States’ or authors’ individual interpretations of the treaties. 5.8.1.2 Key issues in the application of the marine treaties to CO2 storage In their analysis, Purdy and Macrory (2004) conclude that since stored CO2 does not enter the atmosphere, it will not be classed as an ‘emission’ for the purposes of the UNFCCC/KP, but as an ‘emission reduction’. Emission reductions by CO2 storage are permitted under the UNFCCC/KP, which allows projects that reduce greenhouse gases at the source. However, the authors consider a potential problem in UNFCCC/KP providing for transparent verification of emission reductions and there could be concerns over permanence, leakage and security. When interpreting the treaties for the purposes of determining the permissibility of CO2 storage, particularly offshore geological storage, it is important to bear in mind that the treaties were not drafted to facilitate geological storage but to prohibit marine dumping. Issues to bear in mind include the following: In terms of marine treaties and in relation to OSPAR, which applies to the North East Atlantic, a report from the OSPAR Group of Jurists and Linguists contains the State Parties’ interpretation of OSPAR on the issue of geological (and ocean) offshore storage (OSPAR Commission, 2004). It concludes that, as there is the possibility of pollution or of other adverse environmental effects, the precautionary principle must be applied. More specifically, the report interprets OSPAR as allowing CO2 placement in the North East Atlantic (including seabed and subsoil) through a pipeline from land, provided it does not involve subsequent activities through a vessel or an offshore installation (e.g., an oil or gas platform). The report states, however, that placement from a vessel is prohibited, unless for the purpose of experimentation (which would then require being carried out in accordance with other relevant provisions of OSPAR). In the case of placement in the OSPAR maritime area from an offshore installation, this depends upon whether the CO2 to be stored results from offshore or land-based activities. In the case of offshore-derived CO2, experimental placement will again be subject to the Convention’s provisions, • Whether storage constitutes ‘dumping’, that is, it does not if the placement of the CO2 is ‘other than for the purposes of the mere disposal thereof’ in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), the London Convention (LC), the London Protocol (LP) and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). Alternative scenarios include experiments and storage for the purposes of enhanced oil recovery; • Whether CO2 storage can benefit from treaty exemptions concerning wastes arising from the normal operations of offshore installations (LC/LP) or as discharges or emissions from them (OSPAR); • Is storage in the seabed expressly covered in the treaties or is it limited to the water column (UNCLOS, LC/LP, OSPAR)? • Is CO2 (or the substance captured if containing impurities) an ‘industrial waste’ (LC), ‘hazardous waste’ (Basel ‘pollution’ (UNCLOS) or is it none of these? • Does the method of the CO2 reaching the disposal site involve pipelines, vessels or offshore structures (LC/LP, 5.8.1.3 Literature on geological storage under international lawPDF Image | CARBON DIOXIDE CAPTURE AND STORAGE
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