Introduction
Roughly 64 per cent of the global ocean consists of marine areas beyond national jurisdiction (ABNJ), ie the international seabed area (Area) and the high seas. This extensive area has unparalleled potential for the use of marine renewable energy (MRE)1 technologies to provide energy security and competitiveness to States and to aid in the fight against climate change. However, the expansion of MRE technologies into ABNJ as well as the environmental impacts associated with their development can entail new risks and threats to security and biodiversity. The scholarly literature on regulatory and governing aspects regarding the development of MRE technologies in ABNJ is scarce2 and has not yet explored whether the applicable regulatory framework in ABNJ is able to guarantee the secure and sustainable development of these technologies in ABNJ. Against this background, this paper aims to point out key regulatory and governing challenges for the deployment of MRE technologies in ABNJ as well as an initial exploration of regulatory alternatives and forms of governance that could provide an effective way to enhance the sustainable and secure development of these technologies in ABNJ. To achieve this, the paper is structured as follows: Section 2 presents two important challenges for the regulation and governance of MRE technologies in ABNJ; Section 3 analyses the ability of the United Nations Convention on the Law of the Sea (UNCLOS or the Convention)3 to regulate MRE technologies in ABNJ and provide answers to the identified challenges; Section 4 briefly explores alternative approaches to strengthen the international and secure governance of MRE technologies in ABNJ; finally, Section 5 presents the conclusions.
