Wind Energy on the High Seas: Regulatory Challenges for a Science Fiction Future

Abstract

This paper aims to study the current regulation and governance of wind energy turbines on the high seas and detect regulatory challenges. We focus on the existing regulatory framework to develop marine wind farms in areas beyond national jurisdiction (ABNJ), the nature of wind farms and wind turbines in said areas, and which governance schemes and institutions ought to coordinate and regulate any future marine wind energy development. Our research shows that under public international law, the deployment of wind turbines on (most parts of) the high seas for all States is possible, but many issues still remain, either thinly regulated or unanswered. We inquire where, by whom, and how can marine wind parks be built on the high seas according to public international law and the United Nations Convention on the Law of the Sea (the LOSC). Lastly, we evaluate the possible role of marine spatial planning (MSP) in developing wind energy on the high seas.