CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ MARINE MIGHT: EXPLORING THE LEGAL COMPLEXITIES SURROUNDING … About the Author : Ezekiel Archibong holds a Master of Laws (LLM) degree in International Energy Law from Nottingham Law School, United Kingdom (UK). He is a researcher for Durham Law School, UK, on global energy governance and the law of the sea under the “Strategic Research Funds” project. His research primarily focuses on the legal issues surrounding offshore energy technologies, including Floating Nuclear Power Plants and Floating Offshore Wind Energy. He is the Editor-in-Chief of The People’s Accolade Law Magazine (The PALM), where he manages several dozens of editors and researchers. He can be contacted via ezekielarchibong459@gmail.com. Introduction The history of Africa is an enduring tale of systemic exploitation and deprivation. From the harrowing era of the transatlantic slave trade to the ravages of colonialism and the insidious grip of neo-colonialism, the continent has been consistently earmarked primarily for the extraction of raw materials to sustain global supply chains, leaving behind sinkholes and economic disparity in their wake. Consistent with this dire reality, over 220 million people in West Africa are plunged into darkness despite the region’s rich reserve of energy resources. 1 The negative economic, social, and environmental impacts of energy poverty have driven several West African countries to expand their energy structures, which are largely fossil fuels, to incorporate nuclear energy. 2 However, the deployment of nuclear energy in the region has been at a snail’s pace. 3 T he International Atomic Energy Agency (IAEA) advises that no nuclear power plant in a country should exceed ten percent of that country’s total grid capacity. 4 A traditional land-based nuclear plant, with a power rating of 1,000 megawatts (MW) or more, exceeds the capacity many West African countries can support. 5 Several other concerns relating to traditional nuclear reactors, such as high-cost investments, prolonged construction periods, radioactive discharge, safety, and security risks, have also hindered the region from expanding into this energy system. To circumvent these concerns, there has been a growing interest in portable nuclear technologies, such as FNPPs. An FNPP offers crucial energy and non-electrical solutions, including carbon-neutral electricity, district heating, hydrogen production, and seawater desalination, in addition to cost reduction, heightened safety, and security, as well as alternative sea-based sites, where the risks of human casualty may better be managed. 6 However, the 1 The Climate Reality Project, ‘Mobilising Clean Energy to Address Energy Poverty in West Africa’ (The Climate Reality Project, 10 July 2023) < https://www.climaterealityproject.org/blog/mobilizing-clean-energy-address energy-poverty-west-africa#:~:text=West%20Africa%20has%20one%20of,live%20without%20access%20 to%20electricity > accessed 27 September 2024. 2 World Nuclear Association, ‘Nuclear Power in South Africa’ (WNA, 25 April 2024) < https://world-nuclear.org/ information-library/country-profiles/countries-o-s/south-africa > accessed 5 June 2024. 3 World Nuclear Association, ‘Nuclear Power in South Africa’ (WNA, 25 April 2024) < https://world-nuclear.org/ information-library/country-profiles/countries-o-s/south-africa > accessed 5 June 2024. 4 World Nuclear Association, ‘Emerging Nuclear Energy Countries’. 5 SAH, A., LOVERING, J., MASELI, O. and SAXENA, A. ‘ Atoms for Africa: Is There a Future for Civil Nuclear Energy in Sub-Saharan Africa? ’ (Center for Global Development (CGD) Policy Paper, Washington, DC, 2018) < https://www.cgdev.org/publication/atoms-africa-there-future-civil-nuclear-energy-sub-saharan-africa > accessed 12 June 2024. 6 MIGNACCA, B. and LOCATELLI, G. ‘Economics and Finance of Small Modular Reactors: A Systematic Review and Research Agenda’, Renewable and Sustainable Energy Reviews 118 (February 2020).

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