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RESEARCH PRODUCT

The risk management in the international contracts of marine renewable energy : focus on offshore wind farms

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At a time when climate change is becoming the main concern, the renewable energy sector is developing extremely rapidly. In order to add other sources to the existing ones and to increase electricity production while ensuring its stability, the sea has quickly been considered as an attractive alternative. However, the creation of a new industry is a major challenge and marine renewable energy projects are very expensive and risky. The concept of risk was created specifically regarding the management of human activities at sea. The example of offshore wind energy allows us to go back to the origins of the notion of risk by considering it from the point of view of the company, and to analyse its legal treatment in the contractual relationship between the stakeholders of these very large-scale projects. While waiting for the establishment of a stable and sustainable regulatory context, both national and international, and the creation of standards adapted to the industry, practitioners are trying to protect themselves against the risks induced by the technical and legal context of these projects, through the contract, the main instrument of foresight. A non-exhaustive study of the numerous risks faced by these colossal projects allows us to understand the way in which the co-contractors manage to limit their effects, by anticipating the consequences and drawing inspiration from pre-existing contracts and different branches of law.