Establishing safety zones around fixed structures at sea on continental shelf (legal issues)

Introduction. Although there have been multiple studies done by both Russian and foreign specialist, one of the most poorly studied international law problems deals with interpretation and application of rules on safety of artificial islands, installations and structures. These measures encompass the coastal state’s right to enact legislation ensuring safety and security of these structures at sea.

For the past ten years states have been outlining the need for review of the breadth of the safety zones around offshore installations, first and foremost, around installations and structures used for exploration and exploitation of hydrocarbon resources on the continental shelf. It’s of great importance to protect these structures, in particular from collision with ships, and to prevent accidents. The main reason behind this initiative is the increasing number of accidents on offshore oil rigs.

Materials and methods. The basis for this research comprises the international treaties which set forth the regime of safety zones at sea. The materials for this paper are also commentaries of the UN Convention on the Law of the Sea 1982, as well as relevant instruments adopted by IMO, related papers from all three UN conferences on the Law of the Sea, documents issued by the International Law Commission, and the IMO Sub-committee on safety of navigation. The methodological basis of present research consists of such traditional methods as general scientific and specific methods.

The results of the study. The author of this paper proves the need for elaboration of more thorough international legal regime of safety zones at sea, since it is one the most principal means to ensure safety and security of offshore structures. Among the reasons is the ambiguous practice of coastal states, based on various approaches taken on the issue of safety zone’s breadth.

Discussion and conclusion. The article contains thorough analysis of the international legal regime of safety zones, outlining its flaws. Conducted research emphasizes both positive and negative aspects of applicable national legislation, as well as unravels legal norms different from those enshrined in modern international law.

1. Vylegzhanin A.N., Savaskov P.V., 2016. Mezhdunarodnoe morskoe pravo [International Law of the Sea]. Mezhdunarodnoe parvo [International Law], Moscow.

2. Vylegzhanin A.N., 2001. Morskie prirodnye resursy: mezhdunarodno-pravovoi rezhim [Marine Natural Resources: International Legal Regime]. Moscow.

3. Vylegzhanin A.N., 2007. Mezhdunarodno-pravovye osnovy nedropolzovaniya [International Legal Regime of the use of subsoil]. Moscow.

4. Vylegzhanin A.N., Gureev S.A., Ivanov G.G., 2003. Mezhdunarodnoe morskoe pravo [International Law of the Sea]. Moscow.

5. Vylegzhanin A.N., Krymskaya K.V., 2018. Mezhdunarodno-pravovoi rezhim iskusstvennykh ostrovov i inykh statsionarnykh konstruktsii v more [Legal Regime of Artificial Islands and Other Permanent Structures at Sea]. Moskovskii zhurnal mezhdunarodnogo prava [Moscow Journal of International Law]. Volume 2. Moscow.

6. Gudev P.A., 2016. Politika SShA v Mirovom okeane [The US Policy in World Ocean]. Mezhdunarodnye protsessy [International Process]. Volume 1. Moscow.

7. Elferink A.O. The Arctic Sunrise Incident and the International Law of the Sea. 2014. URL: http://site.uit.no/ jclos/2014/02/28/hello-world/.

8. Hassel M., Utne I.B., Vinnem, J.E., 2017. Allision risk analysis of offshore petroleum installations on the Norwegian Continental Shelf—an empirical study of vessel traffic patterns. WMU Journal of Maritime Affairs. Volume 16. Issue 2.

9. Kashubsky M., 2015. Offshore Oil and Gas Installations Security.

10. Kashubsky M., Morrison A., 2013. Security of offshore oil and gas facilities: exclusion zones and ships’ routeing. Australian Journal of Maritime and Ocean Affairs. Volume 5. Issue 1.

11. Kraska J., Pedrozo R., 2013. International Maritime Security Law.

12. Mouton M.W., 1952. The continental shelf.

13. Nordquist M., Nadan S., Kraska J., 2012. UNCLOS 1982 Commentary: Supplementary Documents.

14. Oda S., 2003. Fifty Years of the Law of the Sea.

15. Papastavridis E.D., 2017. Protecting Offshore Energy Installations under International Law of the Sea – Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond.

16. Soons A., 1974. Artificial Islands and Installations in International Law. Occasional Paper Series. No. 22.

17. Symmons C.R., 1979. The Maritime Zones of Islands in International Law.

18. Vylegzhanin A.N., Young O.R., Berkman P.A., 2018. Governing the Barents Sea Region: Current Status, Emerging Issues, and Future Options. Ocean Development & International Law. Volume 49. Issue 1.