The Offshore Protocol to the Barcelona Convention : the regulation and challenges to its implementation

Abstract

This thesis examines the legal regime accomplished by the Offshore Protocol to the Barcelona Convention, as well as its implementation by the contracting parties to the latter Convention. A number of related concepts, such as unilateral legislation by selected contracting parties and the effect of European legislation on the Member States of the European Union which are also party to the Barcelona Convention are analysed at length, together with the effect of corresponding directives and regulations. A concise overview of the protection of the marine environment through international treaties and other regional agreements, as well as suggestions with regards to the implementation of this Protocol and the participation of UN and EU bodies, together with the proposed harmonisation of legislation emanating from different bodies aiming towards the prevention, abatement and elimination of pollution at a regional level are also considered in the light of practices engaged by other established regional conventions. A comprehensive analysis of streamlining between EU legislation and regional conventions is also discussed, with an emphasis on common ground which makes such legislative instruments complimentary to each other in order to ensure the protection of the marine environment and the responsible exploitation of hydrocarbons on the continental shelf, the seabed and its subsoil. Due to a severe lack of information provided by multinational companies regarding the effects of the implementation of the Offshore Protocol on their operations despite repeated requests to this effect, this thesis shall focus solely on the implementation of the Protocol by the contracting parties to the Barcelona Convention until July 2014. Concrete proposals as to the implementation of this Protocol, including through increased cooperation with the European Union and its agencies, as well as through efficient compliance mechanisms and the establishment of harmonised practices are made and are central to the thesis.