L’exploration-production offshore des hydrocarbures : prévention, répression et réparation des déversements illicites d’hydrocarbures

Abstract : Waiting for a complete change to the development of renewable energies, fossil energies, such as conventional oil and gas, remain still the primary source of energy supply. The rarefaction of conventional oil on the continent has lead major oil companies to turn to the offshore. Thus, in the United States (First oil producer country in the world in 2015) the offshore oil exploitation (mainly concentrated in the Gulf of Mexico) represents more than half of the national oil production. France, as for it, turns now to the exploration of its very great offshore zone extending on the four world’s corners (particularly, off the Guyana’s coasts). This significant economic development should not overlook the dangerousness of offshore oil activities. The explosion of Deepwater Horizon in April 2010, off the Louisiana’s coasts (Gulf of Mexico, The United States) is a perfect illustration (11 killed employees, ecosystem damaged, collateral victims, etc). The Law must be able to frame the risks generated by the offshore oil activities. The comparative study of French and American legal systems highlights French law’s gaps. The exploitation of the American continental shelf’s mineral resources, the repression of unlawful oil discharges and, the remedies of damages, which result from it, are governed by special federal laws. A contrario, the exploitation of the French continental shelf and exclusive economic Zone is governed by general laws. It thus appears necessary to promote a reform of the current legislation. Accordingly, this work is to put forth reform proposals. The special French new legislation must be worked out in a systemic approach. The elements which compose the system must interact. The first element is an optimal prevention that is articulated around the security of the workers and the installations. The second element is the repression of the offenses to the legislation of prevention and, unlawful oil discharges. The third element is a strict liability for the damages result from oil accident (when they are not covered by the exclusive liability for the damages result from occupational accidents) and oil spill. Criminal and civil liabilities also contribute to the prevention by the deterrent for better consideration of risks in the management of oil companies and others companies involving in offshore oil activities.
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http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2016_0263_TUELLE_PAMBO.pdf
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Submitted on : Thursday, March 29, 2018 - 1:45:04 PM
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Imelda Tuelle-Pambo. L’exploration-production offshore des hydrocarbures : prévention, répression et réparation des déversements illicites d’hydrocarbures. Droit. Université de Lorraine, 2016. Français. ⟨NNT : 2016LORR0263⟩. ⟨tel-01752403⟩

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