Energy

In the territorial sea, the coastal State has sovereignty over uses of the sea including energy production.  The sovereignty is exercised subject to UNCLOS and to other rules of international law (article 2).

In the exclusive economic zone, the coastal State has sovereign rights with regard to all activities for the economic exploitation and exploration of the zone, including the production of energy from the sea, such as “from the water, currents and winds.”  In exercising its rights and performing its duties in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States, including their freedoms of navigation and communication in that zone (articles 56 and 58). 

In the high seas, all States can exercise freedom of the high seas.   High seas are open to all States, including for the purposes of the production of energy from marine sources, provided that States do not purport to subject any part of the high seas to their sovereignty (articles 87 and 89). 

Since the production of energy from the sea may require the use of artificial islands, installations and structures, the provisions of UNCLOS relating to such man-made features will apply as an integral part of the legal regime relating to energy from the sea (see, in particular, articles 60 and 80).

The legal regime for the protection and preservation of the marine environment, as set forth in Part XII of UNCLOS, is pertinent for all marine resources and uses of the sea, including production of energy from the sea (see, in general, articles 192-237).  Of particular relevance for the production of energy from the sea are the provisions of articles 194, 208, 209, 214 and 215.