Governing a North Sea Grid Development: The Need for a Regional Framework Treaty

The North Sea coastal states are exploring the possibility of collaborating on the development of cables for transmitting electricity in waters subject to their jurisdiction with a view to creating an offshore grid. I argue in this article that they should support their political resolution, if they agree to proceed with this initiative, by entering into a treaty that governs the expansion of electricity infrastructure in the marine region. A legal framework is required because of the significant potential for the complex process that would be involved with the formation of a regional grid to depart from an optimal course for advancing the North Sea states’ shared goals of providing the infrastructure needed for decarbonising their energy supplies whilst maintaining energy security at least cost. A framework treaty would enhance their ability to set and keep the development of transmission networks in the North Sea on a pathway that leads to mutually beneficial outcomes.