The Legal Regime of Offshore Oil Rigs in International Law

Transcription

1 The Legal Regime of Offshore Oil Rigs in International Law HOSSEIN ESMAEILI, LL.M., Ph.D Lecturer in Law University of New England Ashgate DARTMOUTH Aldershot Burlington USA Singapore Sydney

2 Contents Preface Foreword Abbreviations x xii xiv 1 Introduction The General Purpose of the Book The Current State of Knowledge and Existing Literature The Issues Under Consideration The Scope and Perspective of the Book Outline and Structure of the Book Chapter One: Introduction Chapter Two: Types and Physical Nature of Offshore Oil Rigs Chapter Three: The Legal Status of Oil Rigs Chapter Four: Jurisdiction of States in Relation to Oil Rigs Chapter Five: Protection of Oil Installations Chapter Six: Environmental Issues in Relation to Offshore Oil Rigs Chapter Seven: The Decommissioning of Offshore Oil Rigs Chapter Eight: The Conflict Between the Use of Oil Rigs, Navigation and Other Uses of the Sea Chapter Nine: Conclusions 9 Notes 10 2 Types and Physical Nature of Offshore Oil Rigs Introduction Early Oil Rig History Facts and Statistics About Oil Rigs Classification of Oil Rigs and Platforms Mobile Units Fixed Units 16

3 vi The Legal Regime of Offshore Oil Rigs in International Law 2.5 Conclusions and Comments 17 Notes 17 3 The Legal Status of Offshore Oil Rigs Introduction Oil Rigs as'ships' Definition of 'Ship' in Municipal Law 'Mobile Oil Rigs' as 'Ships' in Municipal Law Fixed Oil Rigs as Ships in Municipal Law 'Ships' and 'Oil Rigs' in International Law Oil Rigs as Ships in the Practice of States Conclusion Oil Rigs as Artificial Islands Oil Rigs as a Separate Category Oil Rigs Under the 1982 LOSC Conclusion 52 Notes 53 4 Jurisdiction of States in Relation to Oil Rigs Introduction State Rights to Construct Oil Rigs Within Internal Waters In the Territorial Sea In the Exclusive Economic Zone In the Area of the Continental Shelf On the High Seas In the International Seabed Area Control and Exercise of Jurisdiction Over Oil Rigs Criminal Jurisdiction Civil Jurisdiction Jurisdiction in Relation to Customs, Fiscal Matters and Immigration Conclusion 107 Notes Protection of Offshore Oil Rigs Introduction Laws and Regulations of the Coastal State in the Territorial Sea 123

4 Contents vii 5.3 Safety Zones Around Oil Rigs History of Safety Zones The Breadth of the Safety Zone Types of Oil Rigs which May be Protected by the Safety Zone Conclusions and Comment on Safety Zones IMO Resolutions Resolution A.621(15) Resolution A. 671(16) Comment on IMO Resolutions The 1988 Protocol for the Prevention and Suppression of Terrorism Against Fixed Platforms on the Continental Shelf State Practice Conclusion 137 Notes 138 Environmental Issues Relating to Offshore Oil Rigs Introduction Nature of the Problem Sources of Pollution from Oil Rigs Pollution from Seabed Activities Pollution from Land Based Sources Pollution by Dumping Applicable International Law International Customary Law and General Principles oflaw Global Conventions Regional Conventions Evaluation of Global and Regional Treaties International State Responsibility Civil Liability for Environmental Harm Resulting from Petroleum Production from Oil Rigs LOSC The 1976 Civil Liability Convention The Nordic Convention The 1976 Offshore Pollution Liability Agreement (OPOL) 172

5 viii The Legal Regime of Offshore Oil Rigs in International Law Evaluation of Existing Treaties Relating to Civil Liability for Environmental Harm Resulting from Offshore Activities Domestic Regulations Conclusion 176 Notes The Decommissioning of Offshore Oil Rigs Introduction Problems of Dumping Platforms at Sea Environmental Issues Health and Safety Implications Economic Impact Public Concern Comment on the Problems of Dumping Platforms at Sea Disposal Options Leave in Place Alternative Use Moving to Shore for Recycling Artificial Reefs Total and Partial Removal Comment on Disposal Options International Law Provisions Relating to Decommissioning of Oil Installations Worldwide Conventions Regional Conventions Domestic Legislation and State Practice Conclusion 217 Notes The Conflict Between the Use of Oil Rigs, Navigation and Other Uses of the Sea Introduction Conflict with Fisheries On the Continental Shelf IntheEEZ On the High Seas 234

6 Contents IX 8.3 Conflict with Navigation In the EEZ and Continental Shelf In the High Seas 8.4 Conflict with Laying of Cables and Pipelines 8.5 Conflict with Other Uses of the Sea Artificial Islands and Structures for Purposes Other Than the Exploration and Exploitation of the Natural Resources of the Sea Conflict with Marine Scientific Research Conflict with Recreational Activities and Dredging 8.6 Conclusion Notes Conclusions 9.1 Introduction 9.2 What Was Done 9.3 Findings 9.4 Recommendations Suggestions for Each Significant Legal Issue General Recommendation Notes Bibliography Table of Treaties Table of Cases Table of Statutes Index