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Towards global green shipping: the development of international regulations on reduction of GHG emissions from ships

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International Environmental Agreements: Politics, Law and Economics Aims and scope Submit manuscript

Abstract

The International Maritime Organization (IMO) promotes global “green shipping” through rule-making in accordance with its mandate under the Kyoto Protocol. The IMO rules related to reduction in greenhouse gas emissions can be divided into two types: technical and operational measures; and market-based measures. As to the former, important regulations have been adopted that are mandatory for ships irrespective of their flag. The latter are still in the drafting process, and in view of deep divisions between member states, it will be difficult to reach early agreement. In the development of rules for emissions reduction in IMO, the common but differentiated responsibility principle (CBDR) conflicts severely with the non-discrimination principle which has long been a traditional and basic principle of IMO regulation. Considering the peculiarities of the shipping industry, a fuller understanding of CBDR will be necessary in order to find a reasonable and feasible way to reconcile these two principles.

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Notes

  1. United Nations Treaty Series, vol. 1771, p. 107.

  2. United Nations Treaty Series, vol. 2303, p. 148.

  3. Kyoto Protocol, Article 2, paragraph 2.

  4. United Nations Treaty Series, vol. 1340, p. 62.

  5. For the text of Annex VI, see MARPOL Consolidated Edition (IMO 2011, as amended).

  6. UNFCCC, Article 3, paragraph 1 and 2.

  7. The Kyoto Protocol, Article 2 and 10.

  8. Technical measures involve the application and improvement of technologies on design of ships, e.g., optimized hull shape, choice of propeller and machine.

  9. Operational measures refer to the measures that can be implemented during the operation of ships to reduce GHG emissions, including operation planning/speed selection, weather routing, optimizing operating parameters, reduced time in port.

  10. Market-based measures include carbon charge, environmental indexing, emission allowance trading, emissions credits sales, etc.

  11. Amendments to MARPOL Annex VI on Regulations for the Prevention of Air Pollution from Ships by Inclusion of New Regulations (22) on Energy Efficiency for Ships.

  12. Proposed by Cyprus, Denmark, the Marshall Islands, Nigeria and the International Parcel Tankers Association.

  13. Proposed by Japan.

  14. Proposed by Jamaica.

  15. Proposed by the United States.

  16. Proposed by World Shipping Council.

  17. Proposed by the United Kingdom, France and Norway, respectively.

  18. Proposed by the International Union for Conservation of Nature and Natural Resources (IUCN).

  19. Paragraph 7 of this decision provides that, “commencing immediately and continuing until the conclusion of the negotiations, … it is understood that Members shall not apply any measures affecting trade in maritime transport services except in response to measures applied by other countries and with a view to maintaining or improving the freedom of provision of maritime transport services, nor in such a manner as would improve their negotiating position and leverage”.

  20. UNFCCC, Article 3.

  21. Kyoto Protocol, Article 2, paragraph 2.

  22. Some of those are convenience flag states, for example, Panama, Liberia, and the Cook Islands.

  23. UNFCCC, Article 4, paragraph 3.

  24. Ibid., paragraph 5.

  25. Kyoto Protocol, Article 10, 11 and 12.

  26. Ibid., Regulation 23.

Abbreviations

CBDR:

Common but differentiated responsibilities

CO2 :

Carbon dioxide

EC:

Efficiency credit

EEDI:

Energy Efficiency Design Index for New Ships

EEOI:

Energy efficiency operational indicator

ETS:

Emission trading system

GHG:

Greenhouse gas

GHG-WG 3:

Third Intersessional Meeting of the Working Group on GHG Emissions from Ships

IMO:

International Maritime Organization

IUCN:

International Union for Conservation of Nature and Natural Resources

LIS:

Leveraged Incentive Scheme

MARPOL:

International Convention for the Prevention of Pollution from Ships

MBMs:

Market-based measures

MBM-EG:

Expert Group on Feasibility Study and Impact Assessment of Possible Market-Based Measures

MEPC:

Marine Environment Protection Committee

RM:

Rebate mechanism

SECT:

Ship efficiency and credit trading

SEEMP:

Ship energy efficiency management plan

SMS:

Safety management system

UNFCCC:

United Nations Framework Convention on Climate Change

VES:

Vessel efficiency system

WG-AP:

Working Group on Air Pollution

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Acknowledgments

The article is part of research project sponsored by the National Social Sciences Fund of China (Project No. 12CFX095) and the Key Research Institutes Project of China Ministry of Education (Project No. 14JJD820003).

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  1. School of Law and Institute of International Law, Wuhan University, Luojiashan, Wuchang District, Wuhan, 430072, Hubei Province, China

    Hui Zhang

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Zhang, H. Towards global green shipping: the development of international regulations on reduction of GHG emissions from ships. Int Environ Agreements 16, 561–577 (2016). https://doi.org/10.1007/s10784-014-9270-5

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