The precautionary principle in environmental law governing the offshore oil and gas exploitation industry

Abstract

Offshore oil and gas exploration and production is an ocean based industry which has developed to meet the world's growing demand for energy. This paper considers the major legal instruments of public international law, the regional law of the North East Atlantic area and UK national law which govern the environmental effects of the offshore oil and gas
industry. There are two components of this paper. The first is a review to determine if a discernible legal regime exists governing the offshore oil and gas industry. Secondly there is an assessment of the extent to which the reviewed legal instruments embody the precautionary principle of environmental law.
The precautionary principle of environmental law has developed as a consequence of uncertainty about the relationship between an activity or emission of a substance and its environmental effects. It requires that action be taken to control possible pollution of the environment even before a causal link has been established by absolutely clear scientific evidence. It requires elements of anticipation and foresight in environmental risk management. Under the precautionary principle, any bias in the value judgement made of the risk that an activity may pose for environment is toward the protection of the environment.
This paper argues that the precautionary principle is not a fully mature principle of environmental law. The precautionary principle is not clearly defined and its role as a principle of environmental law is limited by ambiguity surrounding its function and requirements. The legislation reviewed indicates there is recently a movement towards more precautionary measures in legal instruments of marine pollution control. The more recent regional legal instruments prescribe the use of the precautionary measures. The precautionary principle is supported in these cases by environmental control techniques such as the use of 'best available technology' to limit emissions of substances.
This paper also argues that no discernible legal regime governing the environmental effects of the offshore oil and gas industry exists. No instrument or instruments contain sufficiently complete controls over the industry applicable in the international forum to constitute such a regime.