Transnationality in EU Marine Environmental Law – Examining the Multilayered Legal Structures through the Lens of Offshore Wind Power Development in the Baltic Sea

Abstract Since all European seas are bordered by several EU Member States and third countries, marine environmental governance is inherently geared towards transnationality. Relatedly, marine environment has historically been strongly regulated with international law that encompasses both international conventions as well as regional sea agreements forged among the coastal states. Hence, there is an emphasised need for EU marine environmental law to navigate the multilayered legal setting and account for the inherent transnationality embedded in its implementation. Utilising the lens of the current unprecedented push for offshore wind development, the article examines the transnational situations arising under the core EU law instruments in the field of marine protection. The analysis reveals that EU law relies heavily on the transboundary cooperation procedures provided in international frameworks, and leaves the substantive legal aspects of transnationality largely unaddressed despite the crucial role that transnational elements play in its implementation.