The Strained Relationship of Offshore Wind Energy and Shipping: Promoting Coexistence under the Law of the Sea

This article examines the relationship between the navigational freedoms of all states and the sovereign rights of coastal states to authorize and construct offshore wind farms within their exclusive economic zone under the law of the sea. It focuses on how coastal states have considered shipping lanes and routeing measures in the planning of offshore wind projects, and how proposals for adjusting routeing measures to facilitate such development have been received by other states at the International Maritime Organization. The analysis shows that, contrary to some interpretations, the law of the sea provides coastal states with extensive procedural autonomy in balancing offshore wind development and navigational interests, including broad discretion to adapt routeing schemes to accommodate offshore wind. At the same time, early and inclusive marine spatial planning, supported by transparent notification and consultation procedures, can operationalize the preventive logic of the United Nations Convention on the Law of the Sea—promoting coexistence between navigation and offshore wind while contributing to the efficient and sustainable use of maritime space.

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Publication Details

Journal
Ocean Development & International Law
Published
2025-10-02
DOI
https://doi.org/10.1080/00908320.2025.2591689
Primary Topic
International Maritime Law Issues
Type
article
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article

The Strained Relationship of Offshore Wind Energy and Shipping: Promoting Coexistence under the Law of the Sea

Ocean Development & International Law
International Maritime Law Issues
article

The Strained Relationship of Offshore Wind Energy and Shipping: Promoting Coexistence under the Law of the Sea

article en

Abstract

This article examines the relationship between the navigational freedoms of all states and the sovereign rights of coastal states to authorize and construct offshore wind farms within their exclusive economic zone under the law of the sea. It focuses on how coastal states have considered shipping lanes and routeing measures in the planning of offshore wind projects, and how proposals for adjusting routeing measures to facilitate such development have been received by other states at the International Maritime Organization. The analysis shows that, contrary to some interpretations, the law of the sea provides coastal states with extensive procedural autonomy in balancing offshore wind development and navigational interests, including broad discretion to adapt routeing schemes to accommodate offshore wind. At the same time, early and inclusive marine spatial planning, supported by transparent notification and consultation procedures, can operationalize the preventive logic of the United Nations Convention on the Law of the Sea—promoting coexistence between navigation and offshore wind while contributing to the efficient and sustainable use of maritime space.

Ocean Development & International LawVol. 56(4)
Åbo Akademi University (FI), University of Gothenburg (SE)
Openalex Percentile: Top 29%
International Maritime Law Issues
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The Strained Relationship of Offshore Wind Energy and Shipping: Promoting Coexistence under the Law of the Sea · Ocean Development & International Law (2025) | TGRS Research Map | TGRS