10.1.2 Prevention, Reduction and Control of Pollution
The major source of pollution from continental shelf activities, or at least the source
which attracts most public attention, is pollution from oil and gas exploitation. The
entire continental shelf regime emerged because of states’ economic interests in
accessing offshore hydrocarbon riches with exclusivity—this is said nowhere but is
mystery to no one. And the relevance of regulating offshore oil production lies on the
fact that, according to Reports of the UN Environment Programme, sea-based
pollution is responsible for twenty percent of all marine pollution, which is most
often caused by ocean dumping or oil spills.
41 The environmental risks inherent to
such operations are undeniable and there is a clear need to further develop the legal
regime of the continental shelf, by virtue of, among others, relatively recent oil spill
incidents involving exploitation on the continental shelf: the 2009 blow-out of the
Montara Wellhead platform in the Timor Sea
42 and the 2010 bow-out of the
Deepwater Horizon on the Gulf of Mexico.
43 As previously observed by Joanna
Mossop, “in a global context, society is challenged to find an informed way of
balancing between protection and tradeoffs in the often conflicting and accelerating
uses of the continental shelves”.
44
Considering the particular case of Brazil, the country is known for its large deepwater market, and limited shallow-water activity. In February 2020, offshore oil and
gas accounted for 96% of the national hydrocarbons production. In that month, the
country pumped approximately 2.1 million barrels of oil equivalent per day, thus
recording a growth in relation to previous years, due to deep water pre-salt discoveries off the South-East coast, Petrobras being the national oil company and major
exploration and production player.
45
Thus, the question: does UNCLOS offer a detailed framework within which the
regulation of continental shelf activities can occur? The answer to that question is
negative. Neither did UNCLOS enter in much detail, nor would it have been
41 See UNEP website, available at: https://www.unenvironment.org/explore-topics/oceans-seas/
what-we-do/working-regional-seas. Accessed 12 April 2020.
42 The Montara Blowout took place 250 km north-west of the Western Australian coast, and almost
700 km from Darwin, on 21 August 2009. It occurred after a blowout and fire on the Montara
wellhead platform, which caused oil to leak for 74 days, until an intervention on 3rd November was
successful and mud was pumped in to “kill” the well. The Thai operator, PTTEP, estimated that the
flow of oil may have been between 1000 and 1500 barrels/day in the early stages and declined to
400 barrels/day later. In total it is estimated that 30,000 barrels were spilled. For more, see Hart
(2010) online.
43 In early 2016, the non-governmental organization Oceana released a report entitled “Time for
Action: Six Years after Deepwater Horizon”, which compiled scientific studies about the ongoing
impact of the oil leak on fauna, flora and residents of the Gulf. According to estimates, the loss of
productivity from Gulf of Mexico fisheries will harm the local economy in $8.7 billion by 2020.
Besides, more than 22,000 jobs were lost following the spill. See Sharpless (2016) online.
44 Mossop (2016), p. 157.
45 National Oil Agency (ANP), Boletim Mensal da Produção de Petróleo e Gás Natural,
February 2020.
310
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
The major source of pollution from continental shelf activities, or at least the source
which attracts most public attention, is pollution from oil and gas exploitation. The
entire continental shelf regime emerged because of states’ economic interests in
accessing offshore hydrocarbon riches with exclusivity—this is said nowhere but is
mystery to no one. And the relevance of regulating offshore oil production lies on the
fact that, according to Reports of the UN Environment Programme, sea-based
pollution is responsible for twenty percent of all marine pollution, which is most
often caused by ocean dumping or oil spills.
41 The environmental risks inherent to
such operations are undeniable and there is a clear need to further develop the legal
regime of the continental shelf, by virtue of, among others, relatively recent oil spill
incidents involving exploitation on the continental shelf: the 2009 blow-out of the
Montara Wellhead platform in the Timor Sea
42 and the 2010 bow-out of the
Deepwater Horizon on the Gulf of Mexico.
43 As previously observed by Joanna
Mossop, “in a global context, society is challenged to find an informed way of
balancing between protection and tradeoffs in the often conflicting and accelerating
uses of the continental shelves”.
44
Considering the particular case of Brazil, the country is known for its large deepwater market, and limited shallow-water activity. In February 2020, offshore oil and
gas accounted for 96% of the national hydrocarbons production. In that month, the
country pumped approximately 2.1 million barrels of oil equivalent per day, thus
recording a growth in relation to previous years, due to deep water pre-salt discoveries off the South-East coast, Petrobras being the national oil company and major
exploration and production player.
45
Thus, the question: does UNCLOS offer a detailed framework within which the
regulation of continental shelf activities can occur? The answer to that question is
negative. Neither did UNCLOS enter in much detail, nor would it have been
41 See UNEP website, available at: https://www.unenvironment.org/explore-topics/oceans-seas/
what-we-do/working-regional-seas. Accessed 12 April 2020.
42 The Montara Blowout took place 250 km north-west of the Western Australian coast, and almost
700 km from Darwin, on 21 August 2009. It occurred after a blowout and fire on the Montara
wellhead platform, which caused oil to leak for 74 days, until an intervention on 3rd November was
successful and mud was pumped in to “kill” the well. The Thai operator, PTTEP, estimated that the
flow of oil may have been between 1000 and 1500 barrels/day in the early stages and declined to
400 barrels/day later. In total it is estimated that 30,000 barrels were spilled. For more, see Hart
(2010) online.
43 In early 2016, the non-governmental organization Oceana released a report entitled “Time for
Action: Six Years after Deepwater Horizon”, which compiled scientific studies about the ongoing
impact of the oil leak on fauna, flora and residents of the Gulf. According to estimates, the loss of
productivity from Gulf of Mexico fisheries will harm the local economy in $8.7 billion by 2020.
Besides, more than 22,000 jobs were lost following the spill. See Sharpless (2016) online.
44 Mossop (2016), p. 157.
45 National Oil Agency (ANP), Boletim Mensal da Produção de Petróleo e Gás Natural,
February 2020.
310
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...