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
The International Maritime Organization (IMO) has recently adopted short-term measures introducing technical standards for existing ships and a labeling system reflecting their operational carbon intensity. This paper investigates the relevant techno-economic implications from a shipowner's perspective and estimates the effect of six compliance options on six sample containerships. The study applies a new evidence-based bottom-up approach, and the results show that compliance, when possible, is not straightforward and costly. Engine power limitation is the most cost-effective option, but low power limits can lead to substantially increased sailing times (up to 793.92 h/year), which can be prohibitive. The option favors older ships with oversized engines as its effectiveness is mainly determined by the main engine load profile. In general, the effectiveness of the measures is not without limits, particularly concerning older ships and those that have already installed several options. Solutions such as market-based measures and alternative fuels, classed by IMO as medium- and long-term measures, must be considered soon.
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 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 purpose of this paper is to assess the status and prospects of the decarbonization of maritime transport. Already more than two years have passed since the landmark decision of the International Maritime Organization (IMO) in April 2018, which entailed ambitious targets to reduce greenhouse gas (GHG) emissions from ships. The paper attempts to address the following three questions: (a) where do we stand with respect to GHG emissions from ships, (b) how is the Initial IMO Strategy progressing, and (c) what should be done to move ahead? To that effect, our methodology includes commenting on some of the key issues addressed by the recently released 4th IMO GHG study, assessing progress at the IMO since 2018, and finally identifying other issues that we consider relevant and important as regards maritime GHG emissions, such as for instance the role of the European Green Deal and how this may interact with the IMO process. Even though the approach of the paper is to a significant extent qualitative, some key quantitative and modelling aspects are considered as well. On the basis of our analysis, our main conjecture is that there is not yet light at the end of the tunnel with respect to decarbonizing maritime transport.
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.
The purpose of this chapter is to present some basics as regards the energy efficiency of ships, including related regulatory activity at the International Maritime Organization (IMO) and elsewhere. To that effect, the Energy Efficiency Design Index (EEDI) is first presented, followed by a discussion of Market Based Measures (MBMs) and the recent Initial IMO Strategy to reduce greenhouse gas (GHG) emissions from ships. The discussion includes commentary on possible pitfalls in the policy approach being followed.
Ship-source pollution represents a threat to the environment, regardless of where it occurs. The European Union has been developing standards that aim to counter accidental, operational and intentional pollution in the waters under its member-state's jurisdiction. However, and precisely because marine pollution knows no boundaries, the EU is not coy in contemplating what ships do beyond waters under the sovereignty of its member states. This article analyzes the international legality of EU claims to port state jurisdiction over ship-source pollution. It demonstrates that port state jurisdiction is today not only a means to ensure compliance with international standards but also a means to unilaterally enforce more stringent environmental standards.
The purpose of this chapter is to introduce the concept of Market Based Measures (MBMs) to reduce Green House Gas (GHG) emissions from ships, and review several distinct MBM proposals that have been under consideration by the International Maritime Organization (IMO). The chapter discusses the mechanisms used by MBMs, and explores how the concept of the Marginal Abatement Cost (MAC) can be linked to MBMs. It also attempts to discuss the pros and cons of the submitted proposals.