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.
This article analyses contractual governance practices within the value chains of large companies based in the USA and Europe between 2012 and 2017 with focus on human and labour rights. In line with the existing scholarship, we find that the use of contractual governance for safeguarding human and labour rights is best practice among large American and European businesses. The results show that value chain contractual governance should be studied in an interdisciplinary environment taking both legal and non-legal aspects into consideration. Moreover, we detect a general positive impact of the business and human rights regulatory wave of 2010–2011 on sustainable contractual governance practices.
The International Ballast Water Management (BWM) Convention entered into force in September 2017. In the convention, the International Maritime Organization (IMO) required two options: ballast water exchange (BWE) standard D-1, and ballast water performance standard D-2 which required ballast water treatment systems (BWTSs). We explored the impact of policy on the utilization of BWTSs by examining IMO Type Approval records and country-level databases in the United States and Australia. In December 2018, 65 BWTSs had IMO Type Approval and 13 had US Coast Guard approval. The majority of vessels with BWTSs had either electrolytic or UV treatment systems (Australia, 84%; USA, 89%). From 2016 to 2017, both countries experienced an increase in the percentage of vessels with BWTS, vessels utilizing BWTS, and total ballast discharge treated with BWTS. Based on this analysis, shipowners appear to primarily rely on two treatment technologies in Australia and the United States to meet compliance.
Cold ironing is the process of providing shorepower to cover the energy demands of ships calling at ports. This technological solution can eliminate the emissions of auxiliary engines at berth, resulting in a global reduction of emissions if the grid powering the ships is an environmentally friendly energy source. This paper conducts a literature review of recent academic work in the field and presents the status of this technology worldwide and the current barriers for its further implementation. The use of cold ironing is mandatory in Californian ports for ship operators and as a result terminal and ship operators were required to invest in this technology. In Europe, all ports will be required to have cold ironing provision by the end of 2025. Other regulations that target local emissions such as Emission Control Areas can have a significant impact on whether cold ironing is used in the future as a potential compliance solution. This paper constructs a quantitative framework for the examination of the technology considering all stakeholders. The role of regulation is shown to be critical for the further adoption of this technology. Illustrative case studies are presented that consider the perspective of ship operators of various ship types, and terminal operators that opt to invest in shorepower facilities. The results of the case studies show that for medium and high fuel price scenarios there is economic motivation for ship operators to use cold ironing. For the port, the cost per abated ton of pollutants is much lower than current estimates of the external costs of pollutants. Therefore, shorepower may be a viable emissions reduction option for the maritime sector, provided that regulatory bodies assist the further adoption of the technology from ship operators and ports. The methodology can be useful to port and ship operators in examining the benefits of using cold ironing as an emissions reduction action.
The International Maritime Organization (IMO) is a specialized United Nations (UN) agency regulating maritime transport. One of the very hot topics currently on the IMO agenda is decarbonization. In that regard, the IMO decided in 2018 to achieve by 2050 a reduction of at least 50% in maritime green house gas (GHG) emissions vis-à-vis 2008 levels. The purpose of this paper is to discuss the possible role of Market Based Measures (MBMs) so as to achieve the above target. To that effect, a brief discussion of MBMs at the IMO and the EU is presented, and a possible way forward is proposed, focusing on a bunker levy.
In order to enhance sustainability in maritime shipping, shipping companies spend good efforts in improving the operational energy efficiency of existing ships. Accurate fuel consumption prediction model is a prerequisite of such operational improvements. Existing grey-box models (GBMs) are found with significant performance potential for ship fuel consumption prediction, although having a limitation of separating weather directions. Aiming to overcome this limitation, we propose a novel genetic algorithm-based GBM (GA-based GBM), where ship fuel consumption is modelled in a procedure based on basic principles of ship propulsion and the unknown parameters in this model are estimated with a GA-based procedure. Real ship operation data from a crude oil tanker over a 7-year sailing period are used to demonstrate the accuracy and reliability of the proposed model. To highlight the contribution of this work, we compare the proposed model against the latest GBM. The results show that the fitting performance of the proposed model is remarkably better, especially for oblique weather directions. The proposed model can be employed as a basis of ship energy efficiency management programs to reduce fuel consumption and greenhouse gas (GHG) emissions of a ship. This is beneficial to achieve the goal of sustainable shipping.
Although the existing literature identifies a fuel levy imposed by means of a global agreement as the most efficient policy for carbon pricing in the maritime sector, scholars and policy makers have debated the possibility for regional measures to be introduced in case a global agreement cannot be achieved. This debate has highlighted several economic, legal, and political challenges that the implementation of an efficient and effective regional scheme would have to face. This article compares the relative performance of various regional measures for carbon pricing based on the following criteria: jurisdictional basis, data availability, environmental effectiveness and avoidance strategies, impact on competitiveness, differentiation for developing countries, and incentives for reaching a global agreement. The main finding is that, if carefully designed, a cargo-based measure that covers the emissions released throughout the whole voyage to the cargo destination presents various advantages compared with other regional carbon pricing schemes. These advantages have been largely ignored in the literature.
International shipping has been reported to account for 13% of global NOx emissions and 2.1% of global green house gas emissions. Recent restrictions of NOx emissions from marine vessels have led to the development of exhaust gas recirculation (EGR) for large two-stroke diesel engines. Meanwhile, the same engines have been downsized and derated to optimize fuel efficiency. The smaller engines reduce the possible vessel acceleration, and to counteract this, the engine controller must be improved to fully utilize the physical potential of the engine. A fuel index limiter based on air/fuel ratio was recently developed (Turbo, 2016), but as it does not account for EGR, accelerations lead to excessive exhaust smoke formation which could damage the engine when recirculated.
This paper presents two methods for extending a fuel index limiter function to EGR engines. The methods are validated through simulations with a mean-value engine model and on a vessel operating at sea. Validation tests compare combinations of the two index limiter methods, using either traditional PI control for the EGR loop or the recently developed fast adaptive feedforward EGR control (Nielsen et al., 2017a). The experiments show that the extended limiters reduce exhaust smoke formation during acceleration to a minimum, and that the suggested limiter, combined with adaptive feedforward EGR control, is able to maintain full engine acceleration capability. Sea tests with engine speed steps from 35 to 50 RPM, made peak exhaust opacity increase by only 5% points when using the proposed limiter, whereas it increased 70% points without the limiter.
As policy makers acknowledge the high degree of supply chain vulnerability and the impact of maritime emissions on coastal population health, there has been a consistent effort to strengthen maritime security and environmental regulations. In recent years, overdependence on deeper and wider multinational supply and production chains and lean-optimization has led to tightly integrated systems with little “slack” and high sensitivity to disruptions.
This study considers the impact of Emission Control Areas and establishes a link between environmental and network resilience performance for maritime supply chains using operational cost and SOx emissions cost metrics. The proposed methodological framework analyzes various abatement options, disruption intensities, fuel pricing instances and regulatory strategies. The methodology utilizes a minimum cost flow assignment and an arc velocity optimization model for vessel speed to establish the payoff for various network states. Additionally, an attacker defender game is set up to identify optimal regulatory strategies under various disruption scenarios. The results are complemented by a sensitivity analysis on SOx emissions pricing, to better equip policy makers to manage environmental and resilience legislation. The methodology and findings provide a comprehensive analytic approach to optimize maritime supply chain performance beyond minimisation of operational costs, to also minimize exposure to costly supply chain disruptions.
This paper examines if eco-rating schemes improve environmental outcomes in the context of the
international shipping industry. Shipping faces global environmental challenges and has recently
witnessed the introduction of several eco-rating schemes aiming to improve the environmental
performance of ships. Extending the private environmental governance literature into a mature
service industry with global operations, the paper shows that concerns about eco-rating schemes’
effectiveness also have relevance here. Shipping eco-rating schemes fall short of best practices for
design and governance, and this hampers improvement efforts. The study has policy implications for
the achievement of improved environmental outcomes in the shipping industry.