A gLAWcal comment on 

Chapter

A gLAWcal comment on 

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

Methane hydrate is recognized as a unique natural resource that, while burning, could provide a tremendous amount of natural gas and fresh water. Current methane hydrate extraction technology developed by Chinese, and later Japanese, experiments, could generate “green methane.” Another important element to examine when discussing this energy source is the fact that, according to scientific evaluation cited in the article, the globe’s potential storage of methane hydrates is even greater than that of the total storage of traditional crude oil and natural gas. The recent global interest for this new source of energy, that has the potential to reshape the future of the energy market, has brought up numerous concerns regarding the risks of the extraction activities. This source of energy has the potential to reshape the future of the energy market, and globally stakeholders are both attracted and concerned about extraction activities. Methane hydrates are usually found on the bottom of the sea, where they are trapped in “cold cages” at high pressures. It is easy to imagine how these high pressure “boxes” could be harmful if not handled carefully. In fact, during the extraction of methane hydrates, which is made in offshore platforms, “large sections of hydrate fields collapse, losing its internal structures and causing its mud layers to fall deep into the ocean. These instances could cause for increased sea levels, earthquakes, and even tsunamis.” (par. 1.2). Moreover, these events could impact the hydrate field, thus accelerating the decomposition of methane hydrates, with a ruinous snowball effect. The extraction of methane hydrates raises questions about various risks and hazards for the environment, including the potential threat for the seafloor, the marine life, birds, and the Benthic community. With these environmental issues at stake, it is natural to examine the regulatory scheme that would eventually govern extraction of natural gas from methane hydrate within China. The article states that this regulatory scheme may not be robust enough to deter risks. Chinese environmental legal context offers a broad toolbox that includes ex ante (environmental impact assessment - EIA) and ex post remedies (Environmental Tort Liability) addressing environmental issues, inspecting, and monitoring forms. All these “tools” are however inadequate to deal with the brand-new set of risks posed by these cutting-edge extraction processes. In conclusion, although the commercial development of offshore methane hydrate seems economically promising, there are indeed risks that should not be ignored by the relevant legal framework. These risks include those posed to oceanic life and the hazards that could affect vast areas along a coastline. China’s environmental and remediation rules are far from effective in preventing, or compensating for, the potential environmental harm triggered by the offshore methane hydrate extraction. In particular, traditional instruments, including EIAs, the three synchronizations system, and civil liability rules, should consider offshore methane hydrate extraction under the lens presented through the article, using its suggestions as a guideline to improve Chinese Law in the field. To ensure the sustainability of offshore methane hydrate extraction, China must therefore update its current environmental protection and remediation rules and adapt them to the new industrial technology involved. This is extremely important because we are dealing with the umpteenth activity that could have a global impact at an environmental level but is disciplined locally. China has the responsibility to create a law that guarantees the protection of, not only, its citizens but the whole world from the hazards that could arise from the underestimation of the risks connected with these new processes.