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GEOLOGICAL CARBON SEQESTRATION: ARE THE

EXISTING LEGAL AND REGULATORY FRAMEWORKS
ADEQUATE?

SUBMITTED BY : Shashank Dubey,2nd sem, Institute of
law,
nirma university and,
Vinayak kapur,2nd sem,Institute of Law, Nirma
University

E mail : kapur.vinayak08@gmail.com and
rahulroy316060@gmail.com

Geological carbon sequestration aims to prevent emissions from entering the
atmosphere by capturing CO2 at source to reduce the concentration of GHG’s which has
also been the primary objective of the CLIMATE CHANGE CONVENTION and
KYOTO PROTOCOL which not only concerns with extinction of “emission” but also
“emission reduction”. Although these projects are showing its impact over CO2 reduction,
there still exists concern over its permanence, particularly concerning leakage and
security.
A key legal question which arises is that whether CO2 is a waste and whether
it is dumped, but the model for determining what is waste and what should be disposed is
still vague. While CO2 falls under the list which says it as an “industrial waste” prohibited
to be disposed according to LONDON CONVENTION, it does not fall under the same
category as per OSPAR convention or 1996 PROTOCOL which considers it as a ”waste”
which can be disposed. Furthermore the definition of dumping is also ambiguous. Another
key legal issue is the pathway of CO2 to the storage site if the CO2 is considered to be
a waste and to be dumped or stowed. There may also be some issues relating to property
rights which may require consideration, the issue includes identifying from whom storage
rights must be secured, public and private methods of acquiring property rights and
managing the title of injected CO2.
With this project of GCS there arises the problem of marine pollution and some
long term environmental and health related issues. Although EIA has been doing all
important job of assessing the significant effect this project is having on environment but
still there are some problems of managing the cost and investment incurred due to this
project, the role of insurance and the laws related to risk management and risk reduction.

Key words : Geologial carbon sequestration(GCS), GHG-Green House Gases,KYOTO
PROTOCOL,EIA-Environmental assessment.