Developing a legal framework for carbon capture and storage in Malta

Abstract

This dissertation examines the extent to which Malta is legally equipped to regulate offshore geological carbon dioxide storage in a manner consistent with International and European Union law. Offshore geological storage is framed not as an assumed climate solution, but as a legally conditional activity where permissibility depends upon a stringent legal framework capable of managing long-term environmental risk. The study adopts a multi-method approach combining doctrinal analysis, comparative research, and qualitative inquiry. Legal standards governing offshore geological storage are identified under the United Nations Convention on the Law of the Sea, the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and the European Union Carbon Dioxide Storage Directive, and are interpreted in light of the principles of prevention, precaution, intergenerational responsibility, and a high level of environmental protection. The study then examines the Maltese domestic framework and assesses its adequacy against the mature regulatory models of Norway and Denmark. Interviews with Maltese public authorities provide further insights into the analysis. The dissertation concludes that the current Maltese framework remains predominantly formal and does not yet constitute a practically operational or environmentally resilient regime for offshore geological storage. Malta lacks the geological certainty, specialised institutional capacity, monitoring infrastructure, and long-term liability arrangements necessary to support environmentally credible authorisation. Conversely, the Norwegian and Danish models demonstrate that secure offshore storage depends on precise site selection, specialised oversight, continuous monitoring, and meticulously structured cross-border arrangements. The research concludes that Malta is not yet legally prepared to endorse domestic offshore geological storage, and any immediate participation should be limited to tightly conditioned cross-border cooperation reinforced by targeted domestic reforms.