Regulation of the London Protocol and CCS Technology: A Legal Framework Analysis of Australia, Indonesia and RoK

This paper provides a comparative analysis of the legal frameworks of South Korea, Australia and Indonesia, focusing on the legal regulation of Carbon Capture and Storage (CCS) technology under the London Protocol. As CCS emerges as a key technology for responding to climate change, it is influenced by the international regulatory system of the London Protocol to harmonize with marine environmental protection. Each country is incorporating the requirements of the London Protocol into their domestic laws to simultaneously pursue the adoption of CCS technology and the prevention of marine pollution. Australia is strengthening its legal system by amending the Sea Dumping Act to allow the offshore geological storage and export of carbon dioxide. Indonesia has established a legal framework for CCS technology through presidential regulations and Ministry of Energy and Mineral Resources regulations, allowing for the storage of imported carbon dioxide for the first time in Asia. South Korea has enacted the CCUS Integrated Act, establishing a comprehensive legal framework for the capture, transportation, storage, and utilization of carbon dioxide. However, detailed regulations for the domestic implementation of the London Protocol are still lacking. In particular, additional considerations are needed for the composition standards of carbon dioxide streams, monitoring and reporting procedures for offshore geological storage, and resolving legal barriers regarding the export of carbon dioxide for CCS purposes. Through this study, by comparing the legal frameworks of each country, we suggest areas where South Korea's CCUS Integrated Act needs to be supplemented to fulfill international obligations and achieve carbon neutrality goals. This would enable South Korea to simultaneously achieve the commercialization of CCS technology and marine environmental protection, playing a leading role in the international community's response to climate change.