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.
In seeking to fulfill its mission, the International Maritime Organization (IMO) is dependent on the capabilities of its Member States. While flag States remain primarily responsible for ensuring compliance of their registered vessels with instruments adopted under that United Nations specialized agency's aegis, coastal States also play a competing but complementary role in the balance of jurisdiction over ships. In particular, the right to regulate the vessel's intent on visiting the port, or its presence therein, is often relied upon to account for the limitations of flag State enforcement. The capacity to act as a port State under international law is the basis for certain implementation mechanisms stemming from treaty provisions on port state control, as well as for innovative practices of port States, either collectively or individually. This chapter provides the reader with an overview of the role of port State jurisdiction in IMO law and practice, and the challenges that can arise in the complex relationship between port States and the IMO.