Pathways for public participation in offshore low-carbon hydrogen: an international law and comparative legal analysis

Hydrogen has emerged as a pivotal energy carrier in global decarbonization, attracting growing regulatory attention for its potential to create low-carbon energy, fuel, and gas systems. While carbon-intensive hydrogen production remains dominant onshore, policy focus is shifting offshore towards low-carbon hydrogen, integrating established hydrogen production methods with carbon capture and storage technologies (CCS). The International Energy Agency projects low-carbon hydrogen, produced from non-renewable sources with CCS, could account for 40 per cent of global hydrogen production by 2070 when hydrogen is forecasted to account for 13 per cent of total final energy demand globally. Yet, existing socio-legal research has largely focused on renewable hydrogen production when considering the role of public participation. In response, this article examines the extent to which international law may require public participation in the planning and development of offshore low-carbon hydrogen projects. It further compares the regulatory approaches of Australia, as a prospective exporter, and Germany, as a prospective importer of low-carbon hydrogen. Despite differing legal frameworks and regulatory styles, it finds that both States face potential challenges of community acceptance, leaving uncertainties in planning, permitting, and licensing. Through analysis of international obligations and comparative functions, this article argues that integrating responsive public participation regulation may enhance legitimacy, reduce legal uncertainty, and support effective development of offshore low-carbon hydrogen.