Between Mitigation and Pollution: Governing Marine Carbon Dioxide Removal in Areas Beyond National Jurisdiction

FORTHCOMING
Format
Paper presentation (online), with Suriya Sundararajan (WMU)
Event
Sabin Center Climate Law Colloquium
Venue
Columbia Law School, New York
Date
21–22 May 2026

Carbon dioxide removal is no longer a speculative proposition. The IPCC (2022) has identified it as a necessary component of pathways that limit warming to 1.5°C, and among the various CDR approaches under consideration, those that operate in the marine environment have attracted particular scientific and commercial attention in recent years. Yet virtually all of this activity takes place within national waters. The legal framework that would govern marine CDR (mCDR) in areas beyond national jurisdiction remains fragmented and internally contradictory.

Two recent legal developments have reshaped the regulatory landscape for mCDR in ABNJ, while a third, longer-running process has failed to keep pace. The BBNJ Agreement entered into force on 17 January 2026, establishing for the first time a binding environmental impact assessment framework for the high seas and the Area. Seven months before that, ITLOS delivered its Advisory Opinion in Case No. 31, characterising anthropogenic greenhouse gas emissions as pollution of the marine environment under UNCLOS and imposing on States Parties a due diligence obligation that it described as ‘stringent.’ Against these advances, the London Protocol regime, administered by the IMO rather than under UNCLOS, continues its slow and incomplete evolution.

The paper argues that resolving the central tension — that mCDR may both serve states’ due diligence obligations to reduce marine pollution from greenhouse gases and itself constitute a new form of marine pollution under UNCLOS Article 1(1)(4) — requires treating the BBNJ Agreement’s EIA provisions as the procedural backbone and the ITLOS opinion’s due diligence standard as the normative compass, while relying on the London Protocol’s technical assessment frameworks for substantive guidance on individual techniques. The Saya de Malha Bank in the South West Indian Ocean serves as the case study.

Closing Discussion: The Future of CCS Governance at Sea

FORTHCOMING
Format
Panel moderator (closing discussion)
Event
CCS at Sea 2026 — Regulation and Governance of Transport, Sequestration, and Liability
Venue
Faculty of Law, Lund University
Date
8 May 2026

The closing panel of the CCS at Sea conference draws together the day’s threads on the regulatory and governance challenges of carbon capture and storage at sea — cross-border transport of CO₂, multi-source pipeline cargoes and stream composition rules, the assignment of long-term stewardship and leakage liability, and the boundary between EU CCS Directive obligations and the international regimes (London Protocol, OSPAR, BBNJ) that overlap with it. The discussion takes the structural question forward: how the law should distribute the legal risk of an offshore CO₂ infrastructure that no single instrument was designed to govern.

Legal Risks of Multi-Source CO2 Cargoes: Blending, Attribution, and Liability

Format
Paper presentation
Event
10th Annual Energy Transitions Conference
Venue
University of Eastern Finland, Joensuu
Date
20 February 2026

This paper examines an emerging challenge in the CCS value chain: how to allocate responsibility when CO₂ from multiple emitters is physically blended and transported as a single maritime cargo. As Northern European CCS networks scale toward multi-source hubs and cross-border shipping routes, the physical commingling of CO₂ streams creates attribution problems across three regulatory domains.

First, the EU ETS establishes installation-level attribution through monitoring, reporting, and verification requirements, allowing operators to deduct captured CO₂ from compliance obligations. However, when blended cargoes suffer transport losses, the framework provides no mechanism for proportionately allocating leaked tonnage back to contributing emitters for allowance surrender. If five emitters ship blended CO₂ and two percent leaks in transit, existing rules cannot determine who surrenders allowances for those lost tonnes.

Second, multi-source operations expose private law gaps in contractual risk allocation. When individual CO₂ streams meet purity specifications but the blended cargo is rejected as off-spec, no established liability framework determines responsibility between contributing emitters, terminal operators, or transporters. Questions of contamination liability, indemnification for storage site damage, and force majeure allocation remain unresolved where fault cannot be attributed to a single party.

Third, cross-border shipments create jurisdictional ambiguity under instruments like the London Protocol and OSPAR. When cargo originates from multiple states, determining the ‘exporting State,’ allocating responsibility through the transport chain, and resolving whether ETS deductions apply for storage outside the ETS jurisdiction remain unclear.

The paper concludes that while existing frameworks support single-source CCS, multi-source operations require targeted regulatory clarification or standardised contractual frameworks to preserve accountability where physical traceability has been lost through blending.

Rethinking the Relationship Between Criminal Law and Morality in Light of Anthropomorphism: From Animals to Artificial Intelligence

IN TURKISH
Format
Closing session talk
Event
6th National Student Colloquium — The Role and Function of Artificial Intelligence in Criminal Law and Related Fields
Venue
Başkent University Centre for Criminal Law and Criminology, Ankara
Date
20 March 2025

Navigating the Future of Family Formation: A Comparative Analysis of Surrogacy Laws and Bioethical Considerations in Global and Turkish Contexts

IN TURKISH
Format
Panel discussion (online)
Event
Symposium on Women’s Health and Rights
Venue
Hacettepe University School of Medicine, Ankara
Date
9 March 2024

The talk situated surrogacy at the intersection of medicine, ethics, and law. Framed against International Women’s Day, it opened on the autonomy questions that surrogacy raises for the women who carry, then traced the history of assisted reproduction from the pharmaceutical production of estrogen in 1936 through the first IVF birth in 1978, the first gestational surrogacy in 1985–86, the Baby M and Calvert v. Johnson cases, and Ukraine’s 2009 surrogacy law. From there it turned to the regulatory question for Turkey, addressing surrogacy as a hope for families — including queer families — for whom the existing Turkish legal framework has no place, set against the commercialisation and exploitation risks that the practice carries when women’s bodies become the medium of family formation.

Secularism at the Crossroads: Human Rights, Religion, and Legal Frameworks in Turkey

Format
Panel discussion (online)
Event
Symposium on Human Rights and Religion
Venue
Global Human Rights Defence, The Hague
Date
30 June 2022

Artificial Intelligence and Human Rights — Perspectives from Slovenia and Ireland

Format
Panel discussion (online)
Event
ELSA Day — Artificial Intelligence Panel Discussion
Venue
ELSA Ireland, Kildare
Date
25 November 2020

In Good Company? The Moral Implications of Violence and Sexual Behaviours Towards Sociable Robots

Format
Workshop (online)
Event
Sexualities and Gender in Postgraduate Research
Venue
Maynooth University, Kildare
Date
23 November 2020

Robotics and Artificial Intelligence in Marine Liability

Format
Paper presentation (online)
Event
SLS 111th Annual Conference — Graduate Stream, The Society of Legal Scholars
Venue
University of Exeter
Date
2 September 2020

An important area of application of robotics technologies is unmanned water-surface and underwater vehicles — for example in remote exploration work. The talk focused on the consequences of these technologies in a liability context: that because of the characteristics of these vehicles, especially autonomy, their development and increased use in the civil sector are likely to require a new approach other than the well-established fault-based liability regime, but that they are not expected to require amendments to the basic tenets of maritime law as illustrated, for instance, in the 1972 IMO COLREGs Convention. The argument was that even though most unmanned water-surface and underwater vehicles are becoming more and more autonomous, they are closer to reasonable safety when compared to the ultra-hazardous activity of unmanned aerial vehicles. The argument was developed further in the 2021 Springer chapter Lessons Learned from Robotics and AI in a Liability Context.

Anthropomorphic Machines: Implications of Human-Robot Social Interactions for Law and Society

Format
Paper presentation
Event
International Conference — Transformative Technologies: Legal and Ethical Challenges of the 21st Century
Venue
University of Banja Luka, Bosnia and Herzegovina
Date
7 February 2020

The conference paper that became the chapter Anthropomorphic Machines (Banja Luka 2020). The talk argued that human-robot interactions differ structurally from interactions with other artefacts because robots are autonomous, and that recent advances have enabled robots to take roles formerly thought of as human-only — companions, lovers, social interaction partners. Robot anthropomorphism — the attribution of human attitudes and emotions to robots — generates implications for individuals and society in the longer term, from the manipulation of emotional attachments to an expansion of existing privacy risks. The paper called for legal orders to stop treating robots as mere tools and to start treating them as parties to interactions, laying the groundwork for examining the legal problems arising from robot autonomy.

Beware of the Friendly Stranger: Legal Implications of Human-Robot Social Interactions

Format
Oral presentation
Event
Summer School on The Regulation of Robotics & AI in Europe: Legal, Ethical and Economic Implications
Venue
Sant’Anna School of Advanced Studies, Pisa
Date
6 July 2019

The talk treated robots as artefacts that work according to the sense-think-act paradigm, and argued that with their growing autonomy and emergence as alternatives to human companionship — pets, friends, confidants, romantic partners — they confront the self-understanding of human beings at both the individual and collective level, and the legal system that is designed in line with that self-understanding. From there it worked through the legal questions this opens up — chiefly anthropomorphism as a structural feature of human-machine interaction rather than an error to regulate away — and the implications for the legal order. The argument provided early ground for the doctoral work that followed.

Legal Personhood for Social Robots?

Format
Oral presentation
Event
Department of Law Research Seminar Series
Venue
Maynooth University, Kildare
Date
12 March 2018