Testing The Limits Of UNCLOS: Offshore Renewable Energy Installations And Environmental Governance In The EEZ
Leena Johny, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune
ABSTRACT
The rapid expansion of offshore renewable energy has created new legal and environmental governance challenges within Exclusive Economic Zones, particularly where large scale installations interact with navigation, fisheries, submarine cables and marine ecosystems. This article examines whether the existing framework under the United Nations Convention on the Law of the Sea is sufficiently equipped to regulate these competing uses while ensuring effective environmental protection. It argues that although UNCLOS provides the foundational legal framework for offshore renewable energy development, its existing provisions do not fully address the cumulative spatial and environmental effects of modern projects. The article adopts a doctrinal and analytical approach, examining the UNCLOS alongside relevant international jurisprudence, academic commentary and selected domestic and regional regulatory practices. Particular attention is given to the limitations of Article 60 in addressing cumulative occupation of maritime space, environmental impact assessment obligations under Article 206, and the nature of the due regard obligation in resolving competing uses of the EEZ. The article contends that UNCLOS remains an essential legal foundation but increasingly requires supplementary regional and domestic governance mechanisms. It contributes to the broader discussion on sustainable ocean governance by identifying areas where greater regulatory clarity and coordination are required for the effective governance of offshore renewable energy development.
Keywords: UNCLOS, Exclusive Economic Zone, Offshore Renewable Energy, Environmental Impact Assessment, Due Regard, Marine Environmental Protection.
