Abstract:
Carbon capture, utilization, and storage (CCUS) is playing an increasingly critical role in addressing climate change and promoting energy transition. Countries around the world are continuously exploring the establishment and improvement of relevant regulatory policies and laws to provide effective management for industrial development and the safe storage of carbon dioxide. At present, carbon dioxide storage in China has entered a phase of rapid growth, but there is a significant shortage of relevant institutional support. To strengthen the development and improvement of policies and regulations for subsurface carbon dioxide storage spaces in China, it is first necessary to address the legal issues related to the exploitation and utilization of these spaces. This includes determining whether the ownership of subsurface carbon dioxide storage spaces belongs to surface landowners, mineral resource owners, or should constitute a new category of ownership altogether. It also involves questions such as how usage rights related to carbon dioxide storage are established and how activities are managed. Given that legal norms vary across countries based on their national contexts, this paper systematically reviews and summarizes international regulations and typical cases regarding the definition of ownership, usage rights, and the setting of rights duration for subsurface carbon dioxide storage spaces, focusing on the core issue of the legal principles of geological carbon dioxide storage. It delves into the different approaches countries have taken to address ownership relationships, aiming to provide multidimensional normative insights for clarifying the deep-seated management issues involved in the ownership of subsurface carbon dioxide storage spaces. Based on this analysis, the paper extracts implications for the development of China’s carbon dioxide storage institutional framework. It offers practical references for improving the regulatory system and optimizing policy formulation through pilot programs and legislative confirmation of rights, thereby supporting the sustainable and high-quality development of related industries within a legal framework.