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Etablering av vindkraftsparker till havs - En analys av regleringen ur ett internationellt perspektiv

Edlund Tjernberg, Marie (2008)
Department of Law
Abstract
Today, one of the most important questions around the world is that of climate change and the battle against carbon emissions. Wind power has proven to be the most successful option among renewable energy sources, and it is a crucial tool in the race to cut our carbon emissions and to safe security of supply within the EU. Until now, most of the development has occurred onshore, but offshore wind farms are likely to multiply during this decade for a number of reasons. Firstly, because offshore wind resources are huge and secondly, because of land-use concerns such as the visual impact of the installations. Plans and targets for offshore wind farms exists of total 50 GW in 8 EU countries, with the main development likely to happen in the... (More)
Today, one of the most important questions around the world is that of climate change and the battle against carbon emissions. Wind power has proven to be the most successful option among renewable energy sources, and it is a crucial tool in the race to cut our carbon emissions and to safe security of supply within the EU. Until now, most of the development has occurred onshore, but offshore wind farms are likely to multiply during this decade for a number of reasons. Firstly, because offshore wind resources are huge and secondly, because of land-use concerns such as the visual impact of the installations. Plans and targets for offshore wind farms exists of total 50 GW in 8 EU countries, with the main development likely to happen in the United Kingdom, Germany, Netherlands, Sweden and Denmark. In Sweden the national planning target of wind power is 10 TWh (whereas 4 TWh is planned onshore and within territorial waters, and 6 TWh in the SEZ) by 2015. In December 2007, the Swedish Energy Agency distributed the national planning target of 30 TWh (20 TWh onshore and 10 TWh offshore) by 2020. Windmill farms extending beyond territorial waters are starting to emerge. As one passes beyond territorial waters, the legal challenges grow. In a European context, these challenges relate to public international law, EC law and national law. When it comes to international law, UNCLOS sets out rules on the delimitation of all seas and oceans by establishing maritime zones. According to these maritime zones, international interests become greater and national interests diminish as one move further offshore. In addition, UNCLOS gives the legal right for a coastal state to establish offshore wind farms within its territorial waters and in its EEZ. Although the coastal state has full jurisdiction within its territorial waters according to UNCLOS art 2, certain international rights has to be considered when establishing wind farms in this area, such as the international navigation rights of innocent passage and transit passage. Within the EEZ, the coastal state only has certain limited legal rights as explained in art 56. Within this zone, other states have the rights of navigation, overflight and the laying of submarine pipelines and cables. This means that there is potential conflict between a coastal state's interest in establishing offshore wind farms and the right of other states given by the convention. Other states rights according to the articles in UNCLOS has to be considered when establishing wind farms both in the territorial waters and in the EEZ of the coastal state. Furthermore, deployment of offshore wind farms interferes with international (including EU) environmental interests in minimising environmental impacts and protecting biological diversity and certain important species. There are many different instruments both international and within the EU that has to be taken into consideration. Wind farm operation in Swedish waters (as in other member states of the EU) must satisfy environmental impact assessment under the EIA directive and strategic environmental assessment under the SEA directive. The EIA process is of great importance since it is in this part in the consent process where consideration is taken to international interests. Espoo convention requires EIA when a project may have significant transboundary environmental effects. One conclusion drawn in the thesis is that the EIA in the future may have a greater impact in the consent process due to a growing concern of international interests when states are beginning to occupy its EEZ areas. All these potential conflict of interests, along with that offshore wind is a new user of the sea and has to compete with other users of the sea, evokes planning issues in the territorial waters and in the EEZ of the coastal state. In Swedish territorial waters, the planning obligations are allocated to the local authorities according to the Planning and Building Act. However, outside the territorial waters, in the SEZ, such a planning system does not exist. This thesis goes on and says that such a planning system has to be established and that there also is a need for this planning system to be coordinated between member states within the EU. Because, as wind farms are moving further offshore and increasingly begin to occupy EEZ areas, they will come to the attention of more than one member state and its jurisdiction. Furthermore, as maritime activities continue to increase, there will be more and more competition between them for the use of European coastal waters. Today, consent processes and the rules for planning of the sea areas are different in all EU member states although many offshore wind projects in the near future will come to the attention of more than one member state and its jurisdiction. In conclusion, one solution is a harmonisation of the legal frameworks at an EU level. (Less)
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author
Edlund Tjernberg, Marie
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt, Förvaltningsrätt, Miljörätt
language
Swedish
id
1557014
date added to LUP
2010-03-08 15:55:20
date last changed
2010-03-08 15:55:20
@misc{1557014,
  abstract     = {Today, one of the most important questions around the world is that of climate change and the battle against carbon emissions. Wind power has proven to be the most successful option among renewable energy sources, and it is a crucial tool in the race to cut our carbon emissions and to safe security of supply within the EU. Until now, most of the development has occurred onshore, but offshore wind farms are likely to multiply during this decade for a number of reasons. Firstly, because offshore wind resources are huge and secondly, because of land-use concerns such as the visual impact of the installations. Plans and targets for offshore wind farms exists of total 50 GW in 8 EU countries, with the main development likely to happen in the United Kingdom, Germany, Netherlands, Sweden and Denmark. In Sweden the national planning target of wind power is 10 TWh (whereas 4 TWh is planned onshore and within territorial waters, and 6 TWh in the SEZ) by 2015. In December 2007, the Swedish Energy Agency distributed the national planning target of 30 TWh (20 TWh onshore and 10 TWh offshore) by 2020. Windmill farms extending beyond territorial waters are starting to emerge. As one passes beyond territorial waters, the legal challenges grow. In a European context, these challenges relate to public international law, EC law and national law. When it comes to international law, UNCLOS sets out rules on the delimitation of all seas and oceans by establishing maritime zones. According to these maritime zones, international interests become greater and national interests diminish as one move further offshore. In addition, UNCLOS gives the legal right for a coastal state to establish offshore wind farms within its territorial waters and in its EEZ. Although the coastal state has full jurisdiction within its territorial waters according to UNCLOS art 2, certain international rights has to be considered when establishing wind farms in this area, such as the international navigation rights of innocent passage and transit passage. Within the EEZ, the coastal state only has certain limited legal rights as explained in art 56. Within this zone, other states have the rights of navigation, overflight and the laying of submarine pipelines and cables. This means that there is potential conflict between a coastal state's interest in establishing offshore wind farms and the right of other states given by the convention. Other states rights according to the articles in UNCLOS has to be considered when establishing wind farms both in the territorial waters and in the EEZ of the coastal state. Furthermore, deployment of offshore wind farms interferes with international (including EU) environmental interests in minimising environmental impacts and protecting biological diversity and certain important species. There are many different instruments both international and within the EU that has to be taken into consideration. Wind farm operation in Swedish waters (as in other member states of the EU) must satisfy environmental impact assessment under the EIA directive and strategic environmental assessment under the SEA directive. The EIA process is of great importance since it is in this part in the consent process where consideration is taken to international interests. Espoo convention requires EIA when a project may have significant transboundary environmental effects. One conclusion drawn in the thesis is that the EIA in the future may have a greater impact in the consent process due to a growing concern of international interests when states are beginning to occupy its EEZ areas. All these potential conflict of interests, along with that offshore wind is a new user of the sea and has to compete with other users of the sea, evokes planning issues in the territorial waters and in the EEZ of the coastal state. In Swedish territorial waters, the planning obligations are allocated to the local authorities according to the Planning and Building Act. However, outside the territorial waters, in the SEZ, such a planning system does not exist. This thesis goes on and says that such a planning system has to be established and that there also is a need for this planning system to be coordinated between member states within the EU. Because, as wind farms are moving further offshore and increasingly begin to occupy EEZ areas, they will come to the attention of more than one member state and its jurisdiction. Furthermore, as maritime activities continue to increase, there will be more and more competition between them for the use of European coastal waters. Today, consent processes and the rules for planning of the sea areas are different in all EU member states although many offshore wind projects in the near future will come to the attention of more than one member state and its jurisdiction. In conclusion, one solution is a harmonisation of the legal frameworks at an EU level.},
  author       = {Edlund Tjernberg, Marie},
  keyword      = {Folkrätt,Förvaltningsrätt,Miljörätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Etablering av vindkraftsparker till havs - En analys av regleringen ur ett internationellt perspektiv},
  year         = {2008},
}