School of GeoSciences Subsurface Research Group International Workshop on “Carbon Capture and Storage in the Power Sector: R&D Priorities for India” Hotel Ashok, New Delhi 23rd Jan 2008 A Legal Perspective of Carbon Capture & Storage Rudra V. Kapila University of Edinburgh School of GeoSciences Subsurface Research Group

School of GeoSciences Subsurface Research Group Overview of Legal Issues International Law and Obligations Marine Legislation Climate Change Legislation National Legal and Regulatory Framework Property rights issues - including ownership and liability at storage sites and intellectual property rights. Monitoring & verification Emissions trading schemes

School of GeoSciences Subsurface Research Group Overview of Legal Issues International Law and Obligations Marine Legislation Climate Change Legislation National Legal and Regulatory Framework Property rights issues - including ownership and liability at storage sites and intellectual property rights. Monitoring & verification Emissions trading schemes

School of GeoSciences Subsurface Research Group Overview of Legal Issues International Law and Obligations Marine Legislation Climate Change Legislation National Legal and Regulatory Framework Property rights issues - including ownership and liability at storage sites and intellectual property rights. Monitoring & verification Emissions trading schemes

School of GeoSciences Subsurface Research Group Marine Legal Instruments United Nations Convention on the Law of the Sea (UNCLOS) 1982: United Nations Convention on the Law of the Sea (UNCLOS) 1982: Overarching agreement - vague and provides framework for all areas related to the sea, including marine protection. The London Convention 1972: Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste materials generated by manufacturing or processing operations. Prohibits deliberate disposal of CO2 directly into marine waters. Does not expressly mention the sub-seabed The London Protocol 1996: Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of wastes from vessels or manmade platforms is prohibited. “Sea” is defined to include seabed and subsoil thereof.

School of GeoSciences Subsurface Research Group Marine Legal Instruments United Nations Convention on the Law of the Sea (UNCLOS) 1982: Overarching agreement - vague and provides framework for all areas related to the sea, including marine protection. The London Convention 1972: The London Convention 1972: Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste materials generated by manufacturing or processing operations. Prohibits deliberate disposal of CO2 directly into marine waters. Does not expressly mention the sub-seabed. The London Protocol 1996: Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of wastes from vessels or manmade platforms is prohibited. “Sea” is defined to include seabed and subsoil thereof.

School of GeoSciences Subsurface Research Group Marine Legal Instruments United Nations Convention on the Law of the Sea (UNCLOS) 1982: Overarching agreement - vague and provides framework for all areas related to the sea, including marine protection. The London Convention 1972: Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste materials generated by manufacturing or processing operations. Prohibits deliberate disposal of CO2 directly into marine waters. Does not expressly mention the sub-seabed. The London Protocol 1996: The London Protocol 1996: Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of wastes from vessels or manmade platforms is prohibited. “Sea” is defined to include seabed and subsoil thereof.

School of GeoSciences Subsurface Research Group Marine Legal Instruments United Nations Convention on the Law of the Sea (UNCLOS) 1982: Overarching agreement - vague and provides framework for all areas related to the sea, including marine protection. The London Convention 1972: Prohibits the dumping at sea of industrial wastes. Industrial waste includes waste materials generated by manufacturing or processing operations. Prohibits deliberate disposal of CO2 directly into marine waters. Does not expressly mention the sub-seabed. The London Protocol 1996: Dumping of industrial wastes is prohibited. Deliberate disposal into the sea of wastes from vessels or manmade platforms is prohibited. “Sea” is defined to include seabed and subsoil thereof. INDIA CONTEXT: India is a signatory party to UNCLOS India is NOT a party to the London Convention NOR has it ratified the London Protocol CCS CONTEXT: This is a barrier EU collaboration for offshore projects

School of GeoSciences Subsurface Research Group Climate Change Legislation United Nations Framework Convention on Climate Change (UNFCCC): United Nations Framework Convention on Climate Change (UNFCCC): Overarching agreement - imposes general requirement upon contracting parties’ governments to adopt policies and make various commitments towards the stabilisation and eventual reduction of greenhouse gas (GHG) concentration. The Kyoto Protocol 1997: Provides signatory parties’ with actual legally-binding obligations and targets for the reduction of their GHG emissions. The Protocol shares the Convention’s aims, principles and institutions, but requires developed countries (Annex 1) to reduce their emissions of GHG by at least 5% from 1990 levels in commitment period

School of GeoSciences Subsurface Research Group Climate Change Legislation United Nations Framework Convention on Climate Change (UNFCCC): United Nations Framework Convention on Climate Change (UNFCCC): Overarching agreement - imposes general requirement upon contracting parties’ governments to adopt policies and make various commitments towards the stabilisation and eventual reduction of greenhouse gas (GHG) concentration. The Kyoto Protocol 1997: Provides signatory parties’ with actual legally-binding obligations and targets for the reduction of their GHG emissions. The Protocol shares the Convention’s aims, principles and institutions, but requires developed countries (Annex 1) to reduce their emissions of GHG by at least 5% from 1990 levels in commitment period

School of GeoSciences Subsurface Research Group Climate Change Legislation United Nations Framework Convention on Climate Change (UNFCCC): United Nations Framework Convention on Climate Change (UNFCCC): Overarching agreement - imposes general requirement upon contracting parties’ governments to adopt policies and make various commitments towards the stabilisation and eventual reduction of greenhouse gas (GHG) concentration. The Kyoto Protocol 1997: Provides signatory parties’ with actual legally-binding obligations and targets for the reduction of their GHG emissions. The Protocol shares the Convention’s aims, principles and institutions, but requires developed countries (Annex 1) to reduce their emissions of GHG by at least 5% from 1990 levels in commitment period INDIA CONTEXT: India is a signatory party to UNFCCC India HAS ratified the Kyoto protocol, but will only be legally bound to GHG emission cuts post CCS CONTEXT: This legal commitment may encourage India to consider onshore projects.

School of GeoSciences Subsurface Research Group Summary International legal frameworks are meant to influence individual nations to respect certain norms or incorporate them into national law. India is currently not a contracting party to key marine legislation - this may be an obstacle for offshore projects. Status of CCS under UNFCCC and Kyoto still remains uncertain - but has potential to become significant post Possible legal foundation for onshore projects in India.

School of GeoSciences Subsurface Research Group Thank You! Rudra V. Kapila