This chapter introduces the reader to port State jurisdiction in public international law, linking customary law traditions to its utilization in the International Convention for the Prevention of Pollution from Ships (MARPOL). Its provisions are contextualized within their relationship to the United Nations Convention on the Law of the Sea, both historically as a matter of treaty negotiations, and contemporarily as a matter of defining generally accepted international rules and standards for port States regulating vessel-source pollution. Port States play a key role in promoting and evolving the uniform and universal application of MARPOL standards as, by-and-large, minimum global standards. Complementary principles—such as no more favorable treatment—and mechanisms—such as regional port State control memorandums—are highlighted, as well as several relevant implementation strategies, for example, concentrated inspection campaigns.
This study examines how the work of the International Law Commission (ILC) has contributed to the ‘progressive development’ of general international law relevant to regulating rescue and disembarkation of refugees and migrants found at sea. It explores the ILC’s texts on interpretation and implementation of international obligations, state responsibility, fragmentation and harmonization of international law, and the status of certain principles of general international law, including jus cogens general principles of law and the principle of good faith, which present legal parameters for regulation of maritime search and rescue operations. In conducting doctrinal examinations of international law and gathering evidence of the practice of States and other relevant actors, the ILC contributes by analysing, clarifying, and systemising important topics of general international law. However, state implementation frequently falls short of the legal interpretations of the ILC, particularly as they relate to respect for and protection of human rights at sea. Therefore, while the ILC needs new strategies to directly connect with States and international organisations, it remains reliant on the mutual following of national and international courts and tribunals, and its mutual contribution in scholarship.
The idea for this project originated within the Arctic Council’s Protection of the Arctic Marine Environment (PAME) Working Group, where a concern was raised about the disposal of tailings from onshore mining operations onto the seafloor. This led to a broader reflection on the impacts of mining operations on the marine environment. Many Arctic governments support the development of a mineral extraction industry, provided it operates in an environmentally responsible manner and considers socio-economic impacts to local communities. However, the environmental impact of existing and future mining operations is often debated. This report summarizes the results of the multi-year Existing Waste Management Practices and Pollution Control for Marine and Coastal Mining project, developed under the auspices of the Protection of the Arctic Marine Environment (PAME) Working Group.
Operational cycles for maritime transportation is a new concept to improve the assessment of ships’ energy efficiency and offer benchmarking options among similar ship types and sizes. This work extends previous research to consolidate the methodology, bring more comprehensiveness, and provide a more holistic assessment of these operational cycles. The cycles are designed from noon reports from a fleet of around 300 container ships divided into eight size groups. The comparison between cycles derived from speed and draft with those based on main engine power identifies that the cycles based on speed and draft are more accurate and allow for estimating the Energy Efficiency Operational Index but require more data. The main-engine-power cycles are more effective in benchmarking through the Annual Efficiency Ratio. These cycles reduce the inherent variability of the carbon intensity indicator and present good opportunities as a benchmarking tool for strengthening the regulatory framework of international shipping.
An adaptive machine learning framework is established for an implicit determination of the performance degradation of a ship due to marine growth, i.e., biofouling. The framework is applied in a case study considering telemetry data of a cruise ship operating predominantly in the Caribbean Sea. The dataset encompasses seven years including three dry-docking intervals and several in-water cleaning events. The COVID-19 period receives special focus due to the drastic change in the operational profile. A main outcome of the study is a comparison of the derived performance estimate to the corresponding results of the industry standard ISO 19030. Additional aspects of the present study include the use of special regularization techniques for incremental machine learning and the increase of transparency through the implementation of prediction intervals indicating model uncertainty. Overall, it is found that the developed machine learning framework shows good agreement with the industry standard underlining its plausibility.
The literature on climate change in the maritime transport industry has grown rapidly in the last few years. Yet as the research agenda has progressed, scientific debates have become more isolated and fragmented, making it difficult to translate new findings into broader policy debates. This article draws on problematization methodology to help organize the scientific debate on maritime emissions and to identify analytical gaps and challenges. We argue that scholars investigate shipping's emission problem from four distinct analytical perspectives— (1) international laws and regulations, (2) markets and economics, (3) engineering and technology, and (4) authority and legitimacy. Each of these perspectives problematizes maritime emissions in specific ways, leading to different policies and strategies to address the problem. We call for better integrating these four literatures and highlight three crosscutting areas and problems for future research. First, developing institutions that facilitate market and engineering solutions; second, integrating climate mitigation and adaptation research; and third, focusing on justice concerns to ensure an equitable green transition in the maritime industry.
This chapter examines the role of industry self-regulation in relation to international maritime law. While multilateral intergovernmental agreements are important to encouraging regulatory harmonisation, private actors have an essential role in industry, both in developing norms and in making rules and standards effective to ensure safe and secure shipping on clean oceans. Nonetheless, private actors are often overlooked and yet to be placed in the context of international maritime law and especially the United Nations Convention of Law of the Sea (UNCLOS). This chapter does so by analysing industry self-regulation in relation to UNCLOS, flag states and the International Maritime Organization (IMO) respectively.
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.
The International Maritime Organization employs technical and operational indicators to assess ship energy efficiency. Weather conditions significantly impact ship fuel consumption during voyages, necessitating the consideration of this influence in energy efficiency calculations. This study aims to design models for estimating the impact of weather components on fuel consumption and develop correction factors to cope with the weather effect on the fuel consumption of container ships for different sea states. Using model-based machine learning, the study analyzes noon reports and hindcasted weather data from two sister container ships. It quantifies weather-induced fuel consumption across various sea states, ranging from 2% to 20%, with an average of 7%–13% depending on the model used. Correction factors specific to each sea state are derived, and different approaches for their integration into energy efficiency indicators are proposed. This study advocates tailored weather correction factors for energy efficiency metrics tied to specific sea states, emphasizing the need for standardized weather impact assessments. Prior to any formal policy application, future work is needed to address the limitations of the present study and extend this approach to various ship types and sizes and different geographical regions.