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Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Author

Listed:
  • Dong Yan

    (Law School, Beijing Foreign Studies University (BFSU), Beijing 100089, China)

  • Paolo Davide Farah

    (Department of Public Administration, John D. Rockefeller IV School of Policy and Politics, Eberly College of Arts and Sciences, West Virginia University, Morgantown, WV 26506, USA
    Center for Innovation in Gas Research and Utilization—CIGRU, West Virginia University, Morgantown, WV 26506, USA
    Institute of Water Security and Science—IWSS, West Virginia University, Morgantown, WV 26506, USA
    Energy Institute, West Virginia University, Morgantown, WV 26506, USA)

  • Ivana Gaskova

    (gLAWcal–Global Law Initiatives for Sustainable Development, 98 Hornchurch Road, Hornchurch, Essex RM11 1JS, UK)

  • Carlo Vittorio Giabardo

    (gLAWcal–Global Law Initiatives for Sustainable Development, 98 Hornchurch Road, Hornchurch, Essex RM11 1JS, UK
    Faculty of Law, Càtedra de Cultura Juridica, University of Girona, 17004 Girona, Spain)

Abstract

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

Suggested Citation

  • Dong Yan & Paolo Davide Farah & Ivana Gaskova & Carlo Vittorio Giabardo, 2020. "Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction," Sustainability, MDPI, vol. 12(13), pages 1-15, July.
    • Handle: RePEc:gam:jsusta:v:12:y:2020:i:13:p:5331-:d:379027
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    References listed on IDEAS

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    2. Olga Gaidukova & Sergei Misyura & Pavel Strizhak, 2022. "Key Areas of Gas Hydrates Study: Review," Energies, MDPI, vol. 15(5), pages 1-18, February.

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