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From Energy to Echoes: Marine Environmental Protection against Acoustic Pollution arising from Offshore Renewable Energy Activities

Abstract

This thesis examines the extent to which the interaction between the United Nations Convention on the Law of the Sea (UNCLOS), the OSPAR Convention and the EU Marine Strategy Framework Directive (MSFD) concretises obligations to protect the marine environment against acoustic pollution arising from offshore renewable energy activities. It adopts a doctrinal approach and develops an analytical framework based on three core UNCLOS obligations: the general obligations to protect and preserve the marine environment, the obligation to conduct environmental assessments, and the obligation to cooperate. The analysis first identifies the normative limitations and gaps within the UNCLOS framework and then assesses the extent to which regional and EU law provide the necessary substantive, procedural and institutional content. It finds that the OSPAR Convention and the MSFD substantially concretise UNCLOS obligations through regional cooperation, environmental assessment mechanisms, environmental principles and detailed technical benchmarks. In particular, regional standards can give substantive content to broadly formulated due diligence obligations and bridge some of the normative gaps identified under UNCLOS. The interaction between OSPAR and the MSFD further strengthens this process through EU-level implementation and enforceability.