Exploitation of Marine Renewable Energies with Emphasis on The Rights and Obligations of States in Protecting the Marine Environment

Nasiri, Valiollah; Rezaei Pishrobat, Saleh; Salimi Turkmani, Hojjat

doi:10.30507/jmsp.2026.569637.2885

Exploitation of Marine Renewable Energies with Emphasis on The Rights and Obligations of States in Protecting the Marine Environment

Document Type : Research/Original/Regular Article

Authors

Valiollah nasiri ¹

Saleh Rezaei Pishrobat ²

Hojjat Salimi Turkmani ³

¹ Department Of Public International Law, Mar. C., Islamic Azad University, Maragheh, Iran

² Associate Professor, Nuclear Science and Technology Research Institute (NSTRI), Tehran, Iran

³ Associate Professor, Department of Law, Faculty of Theology, Shahid Madani University of Azerbaijan, Tabriz, Iran

10.30507/jmsp.2026.569637.2885

Abstract

The vast expanse of the seas, which has always captivated man with its far-reaching dreams, has today become one of the most promising sources of clean and energy. The present study examines the evolving paradigm in the international law of the seas resulting from the emergence of new technologies of marine renewable energies from inland and territorial waters to areas beyond national jurisdiction (high seas). The analysis of the article is based on the assumption that the increasing exploitation of offshore wind, wave and thermal resources has challenged the traditional model of freedom of the seas founded by Hugo Grotius in practice and has practically led to the "failure of the Grotius ideal". This transition has necessitated the development of a new legal regime for the protection of the high seas environment. This study also addresses the international responsibilities of states in the high seas by distinguishing the sovereign rights of states in areas of national jurisdiction (exclusive economic zone and continental shelf) based on the Convention on the Law of the Sea. The conclusion shows that the Convention on Biological Diversity of Areas Beyond National Jurisdiction, as a complementary framework, with its emphasis on environmental assessments and the establishment of protected areas, is becoming the backbone of a developing regime that aims to strike a balance between the sustainable development of energy resources and the essential protection of the common maritime heritage of humanity.

Keywords

Convention on the Law of the Sea

areas beyond national jurisdiction

environmental impact assessment

freedom of the seas

due diligence

Subjects