Climate Change and International Shipping

Yubing Shi, Ph.D. (2014), University of Wollongong, Australia, is an Associate Professor in the South China Sea Institute at Xiamen University, China. He has published widely on environmental law and shipping regulations.

• FORWARDPREFACEACKNOWLEDGEMENTSLIST OF ACRONYMSLIST OF TABLESLIST OF FIGURESCHAPTER 1INTRODUCTION1.1 Greenhouse Gas Emissions as a Regulatory Challenge1.1.1 Greenhouse Gas Emissions and Climate Change1.1.1.1 An Overview of Climate Change1.1.1.2 Contribution of Greenhouse Gas Emissions to Climate Change1.1.2 Transboundary Nature of Greenhouse Gas Emissions1.2 Contribution of International Shipping to Greenhouse Gas Emissions1.2.1 Introduction to International Shipping1.2.2 Greenhouse Gas Emissions from International Shipping1.2.2.1 Categories of Emissions from Ships1.2.2.2 General Emissions Statistics from International Shipping1.2.2.3 Impacts of Greenhouse Gas Emissions from International Shipping1.3 Statement of the Problem1.4 Scope of the Book and Chapter OutlineCHAPTER 2INTERNATIONAL ENVIRONMENTAL LAW RESPONSIBILITY AND ITS APPLICATION TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING2.1 Introduction2.1.1 The Concept of ‘Pollution’2.1.2 ‘Pollution’ and Greenhouse Gas Emissions from International Shipping2.1.2.1 Legal Analysis of Treaty Definition of Pollution2.1.2.2 National Legislation on the Legal Nature of GHG Emissions2.2 Jurisdiction over Greenhouse Gas Emissions from International Shipping2.2.1 The Concept of ‘Jurisdiction’2.2.2 Flag State Jurisdiction2.2.3 Coastal State Jurisdiction2.2.4 Port State Jurisdiction2.3 Environmental Liability for Transboundary Harm Caused by Greenhouse Gas Emissions from International Shipping2.3.1 An Overview of Transboundary Harm2.3.2 The Application of Transboundary Harm Rules to the Issue of Greenhouse Gas Emissions from International Shipping2.4 The Precautionary Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping2.4.1 An Overview of the Precautionary Principle2.4.2 The Applicability of the Precautionary Principle to the Issue of Greenhouse Gas Emissions from International Shipping2.5 ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’2.5.1 Common but Differentiated Responsibility2.5.1.1 Common Responsibility2.5.1.2 Differentiated Responsibility2.5.1.3 Legal Status and Application2.5.2 No More Favourable Treatment2.5.2.1 An Overview2.5.2.2 Legal Status and Application2.5.3 Application of Both ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’ Principles to the Issue of Greenhouse Gas Emissions from International Shipping2.5.3.1 Applicability of Two Regulatory Principles2.5.3.2 Approaches to Applying the Two Principles2.6 The Polluter-Pays Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping2.6.1 An Overview of the Polluter-Pays Principle2.6.2 The Application of the Polluter-Pays Principle to the Issue of Greenhouse Gas Emissions from International Shipping2.7 ConclusionCHAPTER 3THE UN RESPONSE TO THE ISSUE OF GREENHOUSEGAS EMISSIONS FROM INTERNATIONAL SHIPPING3.1 Introduction3.2 The UN Institutional Responses3.2.1 The UN and the IPCC3.2.2 Other Institutions and their Interaction3.3 International Legal Framework on Climate Change3.2.1 The Prevention of Atmospheric Pollution3.2.1.1 The 1979 Convention on Long-Range Transboundary Air Pollution3.2.1.2 The 1985 Convention for the Protection of the Ozone Layer3.2.2 The UNFCCC-Kyoto Protocol Regime3.2.2.1 The UNFCCC and its Kyoto Protocol3.2.2.2 Post-Kyoto Efforts and Outcomes3.2.2.3 The Paris Agreement and its Implications for GHG Emissions from International Shipping3.4 ConclusionCHAPTER 4THE IMO RESPONSE TO THE ISSUE OF GREENHOUSEGAS EMISSIONS FROM INTERNATIONAL SHIPPING4.1 Introduction4.2 The IMO’s Mandate and Competence to Regulate Greenhouse Gas Emissions from International Shipping4.3 The IMO Greenhouse Gas Emissions Regime4.3.1 Evolution of the IMO Greenhouse Gas Emissions Regime4.3.2 Annex VI to MARPOL 73/78 and its Amendments4.3.3 Outcomes within the Marine Environment Protection Committee4.3.3.1 Technical Measures4.3.3.2 Operational Measures4.3.3.3 Assessment of Current Technical and Operational Measures4.3.4 Market-Based Measures4.3.4.1 The Market-Based Measure as a Policy Option4.3.4.2 Assessment of Current Market-Based Measure Proposals4.4 ConclusionCHAPTER 5RESPONSE FROM THE SHIPPING INDUSTRY TOTHE ISSUE OF GREENHOUSE GAS EMISSIONSFROM INTERNATIONAL SHIPPING5.1 Introduction5.2 Response from International and Regional Shipping Organisations5.2.1Ship Designers and Shipbuilders5.2.2 Shipowners and Ship Operators5.2.3 Cargo Owners5.2.4 Ship Insurers5.2.5 Classification Societies5.2.6 Bunker Suppliers5.2.7 Conclusion5.3 Response from the Shipping Industry in the UNFCCC Annex I States5.3.1 Australia5.3.2 Greece5.3.3 The United Kingdom5.3.4 Conclusion5.4 Response from the Shipping Industry in the UNFCCC Non-Annex I States5.4.1 China5.4.2 The Republic of Korea5.4.3 India5.4.4 Conclusion5.5 ConclusionCHAPTER 6RESPONSE FROM FLAG STATES AND PORT STATES TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING6.1 Introduction6.2 Flag State Control and the Issue of ‘Flags of Convenience’6.3 Response from Main Flag States6.3.1 The UNFCCC Annex I Flag States6.3.1.1 Greece6.3.1.2 Japan6.3.2 The UNFCCC Non-Annex I Flag States6.3.2.1 Panama6.3.2.2 China6.3.2.3 Vanuatu6.4 Port State Control6.5 Response from Global and Regional Port States Organisations6.5.1 The International Association of Ports and Harbors6.5.2 Regional Memoranda of Understanding on Port State Control6.6 Response from Main Port States6.6.1 The UNFCCC Annex I Port States6.6.2 The UNFCCC Non-Annex I Port States6.7 ConclusionCHAPTER 7THE FUTURE DEVELOPMENT OF LEGAL AND INSTITUTIONAL FRAMEWORKS TO REDUCE GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING7.1 Introduction7.2 Influence and Interaction of Various Stakeholders in Regulating and Implementing GHG Emissions from International Shipping7.3 Formation of the International Regulatory Framework for Reducing GHG Emissions from International Shipping7.4 Deficiencies in Adopted Energy Efficiency Measures and Approaches for Their Future Improvement7.4.1 Deficiencies in Current Technical and Operational Measures7.4.2 Expanding the Coverage and Strengthening the Effectiveness of Technical Measures7.4.3 Strengthening the Effectiveness of Operational Measures7.4.4 Improving the Enforcement of Energy Efficiency Measures by Flag and Port States7.4.5 Regulating the Mandatory Data Collection System in a Prudential Manner7.5 Analysis of Necessity and Feasibility of Adopting a Market-Based Measure7.5.1 Is a Market-Based Measure Necessary?7.5.2 How to Select the Most Suitable Market-Based Measure?7.5.2.1 Grouping of Proposed Market-Based Measures7.5.2.2 Criteria and Methodology for Selecting Market-Based Measures7.5.2.3 Selection of the Most Suitable Market-Based Measure7.5.2.4 Proposed Mechanisms for the Selected Market-Based Measure7.6 Institutional Fragmentation, Imbalance of Interests, and Proposed Reforms7.6.1 Institutional Fragmentation in Global Reduction of Shipping GHG Emissions7.6.2 Optimising Institutional Arrangements7.6.2.1 Technical and Operational Measures7.6.2.2 Market-Based Measure7.6.3 Imbalance of Interests between the UNFCCC Annex I States and Non-Annex I States and Proposed Reforms7.7 ConclusionCHAPTER 8CONCLUSION8.1 Introduction8.2 Applicable International Environmental Law Principles8.3 Findings on Main Stakeholders in GHG Emissions from International Shipping8.4 Gaps and Gap-Filling RecommendationsBIBLIOGRAPHY1 Articles/Books/Reports2 Cases3 Legislation4 Treaties5 OtherINDEX