Knowledge

As Arctic sea ice recedes due to global warming, ship traffic is increasing, posing global climate risks, particularly from black carbon emissions. Emitted by ships burning heavy fuel oil, black carbon accelerates ice melt and contributes to climate change. Despite this urgency regulatory progress on the topic has been slow. The International Maritime Organization has debated Arctic black carbon emissions for over a decade with little advancement. Notably, regulatory efforts on the topic so far have been driven mainly by non-state actors rather than states. However, their regulatory influence is hindered by a critical barrier: a lack of transparency. This article analyses the crucial role of transparency in international law-making, specifically for non-state actors, using Arctic black carbon regulation as a case study. Drawing on semi-structured interviews, the article identifies transparency challenges and suggests recommendations to overcome them, thereby strengthening the role of non-state actors within the regulation.

The power to regulate on-board protection of merchant vessels lies with the flag state. However, the national models of regulation are not developed in a unilateral vacuum. In fact, the whole concept of flag state jurisdiction and legislative power has to be understood and exercised on the national level in close relation with the general regime of the international law of the sea. The aim of the article is therefore two-fold: first, it aims to provide a background for the country reports in this special issue by giving a brief insight into the problem of piracy in the twenty-first century and the international approaches towards this problem. Here the article also provides an insight into the legal background by presenting the concept of piracy in the law of the sea and connected law enforcement powers. Thus, this part of the article provides the overall context in which the discussions concerning on-board protection and the development of national regulations have occurred. Second, the article analyses the issue of on-board protection from the perspective of the legal framework in international law, as well as relevant international soft-law instruments, influencing the development on the national level. On-board protection of vessels as such is not regulated in the international law; however, international law provides a form of general legal setting, in which flags states navigate. Thus, this article aims to draw a picture of the international context in which flags states develop their specific legal approach.

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors.

New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies.

The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

The international Maritime Organization (IMO) Weather Criterion has proven to be the governing stability criteria regarding minimum metacentric height for e.g., small ferries and large passenger ships. The formulation of the Weather Criterion is based on some empirical relations derived many years ago for vessels not necessarily representative for current new buildings with large superstructures. Thus, it seems reasonable to investigate the possibility of capsizing in beam sea under the joint action of waves and wind using direct time domain simulations. This has already been done in several studies. Here, it is combined with the first order reliability method (FORM) to define possible combined critical wave and wind scenarios leading to capsize and corresponding probability of capsize. The FORM results for a fictitious vessel are compared with Monte Carlo simulations, and good agreement is found at a much lesser computational effort. Finally, the results for an existing small ferry will be discussed in the light of the current weather criterion.

Irregular migration by sea leads states such as Italy and Australia to conduct maritime rescue operations involving refugees and other migrants. During these operations, states must deal with the question of where to disembark survivors. The law of the sea regime obliges states to ensure survivors are delivered to a 'place of safety', arguably requiring maritime officers to merely consider the physical safety of survivors immediately on disembarkation. Non-binding International Maritime Organization guidelines state that the need to avoid disembarking refugees and asylum-seekers in the states of departure or origin is also a consideration. The guidelines refer to other 'relevant' international law, including treaties dealing with 'refugee refoulement' or refoulement in connection with a risk of torture. Under the international human rights law regime, including international refugee law, states' obligations in relation to non-refoulement are broader and prohibit the return of refugees and migrants to states where they directly or indirectly face persecution, torture or other serious harm. In interpreting 'place of safety', this work argues that there is insufficient consensus to integrate the two legal regimes. Nevertheless, states can be under co-existing human rights obligations that place limits on the disembarkation of rescued refugees and migrants.

In this video, Professor Harilaos Psaraftis (DTU Technical University of Denmark) will outline the main decarbonization challenges.

The International Maritime Organization (IMO) adopted the so-called Initial IMO Strategy in 2018, stipulating that greenhouse gas (GHG) emissions from international shipping need to be reduced by at least 50% by 2050, and CO2 emissions per transport work are to be reduced by at least 40% by the year 2030, both compared to the 2008 levels.

At the same time, there is an elephant in the room: It is the intent of the European Commission and the European Parliament to include shipping into the EU ETS. How the elephant will be handled is not clear. In this talk we will outline the main decarbonization challenges through a focus on a RoPax case study.
The session was developed in collaboration with MARLOG.

Green House Gas (GHG) emissions are not the only emissions of concern to the international transport community. SOx emissions are non-GHG emissions that are caused by the presence of sulphur in the fuel. As the maximum percentage of sulphur in automotive and aviation fuels is strictly regulated in most countries around the world, much of the attention in recent years has focused on maritime transport. The attention mainly stems from the fact that in marine fuels the percentage of sulphur can be very high: it can be as high as 4.5 % in Heavy Fuel Oil (HFO), which is the fuel typically used in all deep-sea trades. Even though the amounts of SOx produced by ships are substantially lower than CO2, SOx emissions are highly undesirable as they cause acid rain and undesirable health effects in humans and animals. To mitigate these adverse environmental effects, the international shipping community has taken substantial policy measures. With the introduction of new limits for the content of sulphur in marine fuels in Northern European and North American sea areas, short-sea companies operating in these areas will face substantial additional cost. As of 1/1/2015, international regulations stipulate, among other things, a 0.1 % limit in the sulphur content of marine fuels, or equivalent measures limiting the percent of SOx emissions to the same amount. As low-sulphur fuel is substantially more expensive than HFO, there is little or no room within these companies current margins to absorb such additional cost, and thus significant price increases must be expected. Unlike its deep-sea counterpart, in short-sea shipping such a freight rate increase may induce shippers to use land-based alternatives (mainly road). A reverse shift of cargo would go against the EU policy to shift traffic from land to sea to reduce congestion, and might ultimately (under certain circumstances) increase the overall level of CO2 emissions along the entire supply chain. The purpose of this chapter is to investigate the potential effect of sulphur regulations on the share of cargo transported by the waterborne mode vis-à-vis land-based alternative

Green House Gas (GHG) emissions are not the only emissions of concern to the international transport community. SOx emissions are non-GHG emissions that are caused by the presence of sulphur in the fuel. As the maximum percentage of sulphur in automotive and aviation fuels is strictly regulated in most countries around the world, much of the attention in recent years has focused on maritime transport. The attention mainly stems from the fact that in marine fuels the percentage of sulphur can be very high: it can be as high as 4.5 % in Heavy Fuel Oil (HFO), which is the fuel typically used in all deep-sea trades. Even though the amounts of SOx produced by ships are substantially lower than CO2, SOx emissions are highly undesirable as they cause acid rain and undesirable health effects in humans and animals. To mitigate these adverse environmental effects, the international shipping community has taken substantial policy measures. With the introduction of new limits for the content of sulphur in marine fuels in Northern European and North American sea areas, short-sea companies operating in these areas will face substantial additional cost. As of 1/1/2015, international regulations stipulate, among other things, a 0.1%limit in the sulphur content of marine fuels, or equivalent measures limiting the percent of SOx emissions to the same amount. As low-sulphur fuel is substantially more expensive than HFO, there is little or no room within these companies current margins to absorb such additional cost, and thus significant price increases must be expected. Unlike its deep-sea counterpart, in short-sea shipping such a freight rate increase may induce shippers to use landbased alternatives (mainly road). A reverse shift of cargo would go against the EU policy to shift traffic from land to sea to reduce congestion, and might ultimately (under certain circumstances) increase the overall level of CO2 emissions along the entire supply chain. The purpose of this chapter is to investigate the potential effect of sulphur regulations on the share of cargo transported by the waterborne mode vis-à-vis land-based alternatives.

This paper aims to conduct an updated literature survey on the Market-Based Measures (MBMs) currently being proposed by various member states and organizations at the International Maritime Organization (IMO) or by the scientific and grey literature as a cost-effective solution to reduce greenhouse gas (GHG) emissions from ships. Τhe paper collects, summarizes, and categorizes the different proposals to provide a clear understanding of the existing discussions on the field and also identifies the areas of prior investigation in order to prevent duplication and to avoid the future discussion at the IMO to start from scratch. Relevant European Union (EU) action on MBMs is also described. Furthermore, the study identifies inconsistencies, gaps in research, conflicting studies, or unanswered questions that form challenges for the implementation of any environmental policy at a global level for shipping. Finally, by providing foundational knowledge on the topic of MBMs for shipping and by exploring inadequately investigated areas, the study addresses concrete research questions that can be investigated and resolved by the scientific and shipping community