Extract
[...] Conclusion The Deepwater Horizon disaster is a foundational event in the history of international marine environmental law. It highlighted the shortcomings of existing law in terms of access, safety, and liability in the exploitation of high-sea resources. This tragedy served as a catalyst for a series of national reforms and international reflections, which paved the way for greater corporate accountability and better risk prevention. The doctrine now calls for rethinking international energy governance through a cross-cutting approach, integrating climate issues, the rights of indigenous peoples, and economic sustainability. [...]
[...] The Deepwater Horizon disaster has, however, relaunched discussions in several multilateral forums. For example, the International Maritime Organization (IMO) has intensified its work on safety standards for offshore platforms, while the London Protocol on Marine Pollution has incorporated new concerns related to deepwater drilling. Meanwhile, proposals have emerged to develop an international convention dedicated to offshore exploitation, incorporating obligations of transparency, prevention, cooperation, and responsibility. However, these initiatives remain at the project stage, hindered by the reluctance of certain producing states and influential economic actors to engage in overly restrictive regimes. [...]
[...] A reformative impulse of international law In this second part, it will be a matter of examining the legal impact caused by the Deepwater Horizon accident. It will highlight, on the one hand, the strengthening of obligations imposed on industrial actors in certain national systems and then present the dynamics aimed at establishing a more coherent international governance in the field of offshore hydrocarbon exploitation A. A hardening of industrial obligations The US response to the disaster was swift and structured. [...]
[...] It is therefore necessary to examine the limits of contractual and institutional devices applied to offshore oil activities. B. Weakly binding contracts with low environmental guarantees The exploitation of oil and gas resources relies on contractual mechanisms between states and private companies. This can involve concession contracts, production-sharing agreements, or exploitation licenses. These instruments, often drafted in accordance with private law standards, primarily respond to a logic of profitability and legal security for investors. However, they do not provide sufficient protection for the marine environment, especially when they concern areas outside national jurisdiction. [...]
[...] Mégret, Environmental Responsibilities in International Law, Belgian Review of International Law, 2013. - Redgwell, Offshore Energy Exploitation and International Law, Oxford University Press, 2015. [...]
