Legal Issues for Artificial Floating Islands

Abstract

Developments of multi-use floating islands are accelerated by an increase in offshore activities and pressing needs to create extra space in coastal regions for the surging population. The Horizon 2020 EU funded research project Space@Sea developed a modular floating island concept for offshore multi-use applications and examined current legal issues and barriers concerning its development. In this paper a floating island is defined to be “an artificially created floater, or set of connected floaters, moored to the seabed of which the topside can be used for activities similar to activities on land”. This paper aims to delve into governance issues like the assignment of authority on a multi-use floating island and the shift from regulating offshore living for working purposes to living purposes, as well as maritime law and property law (using the Netherlands as case study). Within the Exclusive Economic Zone (EEZ) a coastal state can establish, locate, and govern the floating island. For the high seas the International Maritime Organization (IMO) is the most probable organization to initiate a discussion on settlement of floating islands. For each activity on the floating island, limiting criteria regarding motions as well as safety rules and regulations need to be established. Industry and housing will have completely different requirements regarding safety which will not be possible to fit in a one size fits all regulation. This case study shows that current Dutch property law prohibit the division of ownership of buildings built on floating objects. They can only be owned together as one object. For urban expansion, future inhabitants will want to have the possibility to buy property, requiring an amendment of current property law. It is to be expected that other countries will have similar or additional governance challenges. The Space@Sea project has developed a technical solution for floating islands which have identified barriers for multi-use in the rules and regulations described in this paper. The paper urges the responsible institutions and stakeholders to take on their roles in overcoming these barriers.