Carbon Capture and Storage and the London Protocol: Recent Efforts to Enable Transboundary CO2 Transfer

Abstract

In the absence of new energy policies or supply constraints, the International Energy Agency (IEA) estimates that energy-related carbon dioxide (CO2) emissions in 2050 will be twice 2007 levels. However, the ETP 2012 2DG Scenario provides a technically achievable, low-cost strategy to reduce greenhouse gas emissions to a level consistent with a 2°C temperature increase. Under the 2DG Scenario, carbon capture and storage (CCS) would contribute just under one-fifth of total emissions reductions by 2050.To enable CCS to contribute at the levels in the 2DG Scenario, rapid growth in the number CCS projects is needed between today and 2020, and then the number of projects must grow steadily through 2050. As well as being a major financial, technical and logistical challenge, this is a significant regulatory challenge. Legal obstacles associated with global CCS deployment must be removed today including the prohibition on transboundary CO2 transfer under the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol).This paper reviews recent international actions to remove this prohibition; undertakes a legal analysis to identify possible options available to contracting parties under international law to allow transborder movement, pending entry into force of a formal, 2009 amendment enabling cross-border transportation of CO2; and makes clear recommendations on the next best approach. It then looks at efforts undertaken by contracting parties and other organisations in 2011 and 2012 to update the 2007 Specific Guidelines for Assessment of Carbon Dioxide Streams for Disposal into Sub-seabed Geological Formations (2007 CO2 Storage Guidelines) in light of the 2009 amendment.