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Reducing, preventing and controlling the emission of greenhouse gases from shipping in the light of the actions of the International Maritime Organization
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Hajar Raee Dehaghi    |
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Abstract: (126 Views) |
Background and Theoretical Foundations: Climate change, caused by the increasing concentration of greenhouse gases, is a rising and major ecological threat concerning the international community of states. Legal efforts by the United Nations to oppose climate change has been manifested in the United Nations Framework Convention on Climate Change 1992, Kyoto Protocol 1997 and Paris Climate Agreement 2015. The following evaluation shall be focusing on a certain regulatory area of climate change that has been predominantly handled outside this scope, namely international law of sea. The marine environment is exposed to numerous damages due to greenhouse gas emissions, rising sea levels and global warming. From a law of sea, the United Nations Convention on the Law of the Sea 1982 provides relevant provisions concerning marine pollution activities. Climate Change and its effect on the oceans was originally not part of these provisions. One of the activities that is especially important in the field of marine pollution is shipping, which is the most important international organization in this regard, the International Maritime Organization (IMO), which works to regulate shipping activities. Most prominent legal action of (IMO)to combat climate change is the International Convention for the Prevention of Pollution from Ships (1973 (Marpool). The convention does not directly address greenhouse gases as a source of marine pollution. Six annexes have now been annexed to the Marpool Convention. Annex VI deals with the prevention of air pollution from ships. Although climate change was a global issue at the time, it was not specifically addressed in Appendix VI. In 2011, Amendment of Annex VI introduced fundamental changes and highlighted climate change as another major consequence of marine environmental pollution.
Methodology: The present subject has been studied by descriptive-analytical method and with regard to collecting mainly qualitative and research information by library method and by using documents, books, valid articles and websites related to the subject.
Findings: A review of legal texts as well as international comparative studies shows that the present article is innovative in terms of the scope of jurisdictional issues and the scope of discussion on the activities of the International Maritime Organization in the field of greenhouse gas emissions from shipping. In other words, the study of this article includes the legal measures taken by the International Maritime Organization to reduce, prevent and control the emission of greenhouse gases from ships.
Conclusion: The results of this paper show that the Convention on the Law of the Sea provides a legal framework for referring to marine pollution to address the international responsibility of the flag, port and coastal state. IMo, on the other hand, as a competent international organization, has paid attention to the pollution caused by the emission of carbon dioxide by ships. The legal structure of the IMo has been developed to deal with pollution caused by ships over time through the Marpol Convention and legal bodies such as the Committee for the Protection of the Marine Environment. Establishing the concept of Energy Efficiency Design Index and Ship Energy Efficiency Management Plan under Annex VI of the Marpool Convention as the first legally binding tool to improve shipping efficiency is an important step in implementing climate-friendly policies |
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| Keywords: International Maritime Organization, United Nations Convention on the Law of the Sea, marine environment greenhouse gas, shipping |
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Full-Text [PDF 1625 kb]
(56 Downloads)
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Type of Study: Research/ Original/ Regular Article |
Subject:
Law of the Sea
Received: 2022/04/3 | Revised: 2025/02/26 | Accepted: 2025/02/26 | ePublished: 2025/02/26
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