The Legal Framework for Sustainable Maritime Transportation: Assessing the Effectiveness of International Regulations on Decarbonization.

Posted: January 1st, 2023

The Legal Framework for Sustainable Maritime Transportation: Assessing the Effectiveness of International Regulations on Decarbonization

Maritime transportation plays a pivotal role in global trade and economic development, accounting for approximately 80% of world trade volume. However, this sector also contributes significantly to global greenhouse gas (GHG) emissions, with estimates suggesting that international shipping is responsible for about 2-3% of global CO2 emissions (IMO, 2021). As the world grapples with the urgent need to address climate change, the maritime industry faces increasing pressure to reduce its carbon footprint and transition towards more sustainable practices. This dissertation examines the legal framework governing sustainable maritime transportation, with a particular focus on assessing the effectiveness of international regulations aimed at decarbonization.

The regulatory landscape for maritime decarbonization is complex and multifaceted, involving various international bodies, conventions, and national legislations. At the forefront of these efforts is the International Maritime Organization (IMO), a specialized agency of the United Nations responsible for regulating shipping. In recent years, the IMO has introduced several measures to address GHG emissions from ships, including the adoption of the Initial IMO Strategy on Reduction of GHG Emissions from Ships in 2018 and subsequent amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL).

This dissertation aims to critically analyze the current legal framework, evaluate its effectiveness in driving decarbonization efforts, and identify potential areas for improvement. The research will draw upon recent scholarly works, policy documents, and industry reports to provide a comprehensive assessment of the regulatory landscape and its impact on sustainable maritime transportation.

Legal Framework for Maritime Decarbonization

The international legal framework for maritime decarbonization is primarily built upon the United Nations Convention on the Law of the Sea (UNCLOS) and the IMO conventions. UNCLOS provides the overarching legal framework for maritime activities, while the IMO conventions, particularly MARPOL Annex VI, address specific environmental issues related to shipping.

MARPOL Annex VI: Regulations for the Prevention of Air Pollution from Ships

MARPOL Annex VI, adopted in 1997 and entered into force in 2005, sets limits on sulfur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone-depleting substances. In 2011, mandatory technical and operational energy efficiency measures were added to MARPOL Annex VI, marking a significant step towards addressing GHG emissions from international shipping.

The Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) were introduced as mandatory measures for new ships and existing ships, respectively. The EEDI sets minimum energy efficiency levels for different ship types and sizes, while the SEEMP provides a mechanism for ships to improve their energy efficiency through better planning and operational practices.

IMO Initial Strategy on Reduction of GHG Emissions from Ships

In 2018, the IMO adopted the Initial Strategy on Reduction of GHG Emissions from Ships, setting out a vision to reduce GHG emissions from international shipping and phase them out as soon as possible within this century. The strategy includes specific CO2 reduction targets:

1. Reduce CO2 emissions per transport work by at least 40% by 2030, pursuing efforts towards 70% by 2050, compared to 2008 levels.
2. Reduce total annual GHG emissions by at least 50% by 2050 compared to 2008 levels.

To achieve these targets, the IMO has outlined short-, mid-, and long-term measures, including further technical and operational energy efficiency measures, development of low-carbon and zero-carbon fuels, and market-based measures.

Recent Amendments to MARPOL Annex VI

In 2021, the IMO adopted amendments to MARPOL Annex VI, introducing new mandatory measures to reduce the carbon intensity of international shipping. These amendments, which entered into force on 1 November 2022, include:

1. The Energy Efficiency Existing Ship Index (EEXI), which requires ships to meet a specific energy efficiency standard.
2. The Carbon Intensity Indicator (CII), which rates ships based on their operational carbon intensity.
3. Enhanced SEEMP requirements, including mandatory content and approval process.

These new measures aim to ensure that the carbon intensity reduction targets for 2030 are achieved and represent a significant step towards implementing the IMO’s Initial Strategy (IMO, 2021).

Effectiveness of International Regulations

The effectiveness of international regulations on maritime decarbonization can be assessed through various lenses, including their impact on emission reductions, technological innovation, and industry compliance.

Emission Reductions

Studies have shown that the implementation of EEDI and SEEMP has led to improvements in ship energy efficiency and reductions in CO2 emissions. Psaraftis et al. (2021) found that the EEDI has resulted in an average improvement in energy efficiency of 20-30% for new ships compared to the baseline. However, the authors also note that the overall impact on global shipping emissions has been limited due to the slow fleet renewal rate and the growth in shipping demand.

The effectiveness of the newly introduced EEXI and CII measures remains to be seen, as they have only recently entered into force. Li et al. (2024) conducted a risk assessment of achieving the IMO’s GHG emission reduction targets and concluded that while the current measures are a step in the right direction, they may not be sufficient to meet the 2050 targets without significant technological advancements and widespread adoption of alternative fuels.

Technological Innovation

The regulatory framework has spurred innovation in ship design, propulsion systems, and alternative fuels. Mahía Prados et al. (2024) highlight the increasing interest in LNG, hydrogen, ammonia, and biofuels as potential solutions for maritime decarbonization. The authors argue that the IMO regulations have created a clear market signal, driving investment in research and development of low-carbon technologies.

However, Wan et al. (2020) point out that the transition to alternative fuels presents new environmental risks and legal challenges. The authors emphasize the need for a comprehensive legal framework that addresses not only GHG emissions but also the potential environmental impacts of new fuel technologies.

Industry Compliance and Implementation Challenges

The effectiveness of international regulations is heavily dependent on industry compliance and the ability of flag states and port states to enforce these regulations. Zhang and Song (2023) conducted a legal analysis of the effectiveness of international regulations on maritime decarbonization and identified several challenges in implementation and enforcement:

1. Lack of uniformity in interpretation and application of regulations across different jurisdictions.
2. Limited capacity of some flag states to effectively monitor and enforce compliance.
3. Complexity of measuring and verifying emissions data, particularly for the CII rating scheme.
4. Potential for “carbon leakage” through flag-hopping to jurisdictions with less stringent enforcement.

The authors argue that addressing these challenges requires strengthening the role of port state control, enhancing transparency in emissions reporting, and developing more robust mechanisms for international cooperation in enforcement.

Market-Based Measures

While the current regulatory framework primarily relies on technical and operational measures, there is growing recognition of the potential role of market-based measures (MBMs) in driving decarbonization efforts. Psaraftis et al. (2021) compared various MBMs, including carbon taxes, emissions trading schemes, and low-carbon fuel standards. The authors concluded that well-designed MBMs could provide strong incentives for emission reductions and technological innovation, but their implementation faces political and technical challenges.

The IMO is currently considering proposals for MBMs, but consensus on the most appropriate approach has yet to be reached. Oduro et al. (2024) argue that a hybrid approach, combining elements of carbon pricing with technology standards, could offer a more effective and politically acceptable solution.

The international legal framework for sustainable maritime transportation has made significant strides in recent years, with the IMO taking a leading role in setting ambitious decarbonization targets and introducing mandatory measures to reduce GHG emissions from ships. The EEDI, SEEMP, EEXI, and CII regulations represent important steps towards a more sustainable shipping industry.

However, the effectiveness of these regulations in achieving the IMO’s 2050 targets remains uncertain. While there is evidence of improvements in ship energy efficiency and growing interest in low-carbon technologies, the pace of change may not be sufficient to meet the ambitious goals set out in the Initial IMO Strategy.

Key challenges include the slow rate of fleet renewal, the need for substantial investment in new technologies and alternative fuels, and difficulties in ensuring uniform implementation and enforcement of regulations across different jurisdictions. Additionally, the potential environmental risks associated with new fuel technologies require careful consideration and appropriate legal safeguards.

To enhance the effectiveness of the current regulatory framework, several areas for improvement can be identified:

1. Strengthening enforcement mechanisms and capacity building for flag states and port states.
2. Developing more robust systems for emissions monitoring, reporting, and verification.
3. Accelerating the development and adoption of market-based measures to complement existing technical and operational regulations.
4. Enhancing international cooperation and knowledge sharing to address the complex challenges of maritime decarbonization.
5. Integrating lifecycle assessments of alternative fuels and technologies into the regulatory framework to ensure a holistic approach to environmental protection.

As the shipping industry continues to evolve and new technologies emerge, the legal framework for sustainable maritime transportation must remain dynamic and responsive to changing realities. Ongoing research, stakeholder engagement, and international cooperation will be essential in refining and strengthening the regulatory landscape to effectively drive the transition towards a low-carbon maritime sector.

References

Baldauf, M., Winkel, R., & Knoke, M. (2022). A review of law and policy on decarbonization of shipping. Frontiers in Marine Science, 9, 1038221.

International Maritime Organization (IMO). (2021). Resolution MEPC.334(76). Amendments to the MARPOL Annex VI – Energy efficiency for existing ships. https://www.imo.org/

Li, Y., Yuen, K.F. and Zhou, Y., 2024. Risk assessment of achieving greenhouse gas emission reduction target in maritime industry. Transport Policy.

Mahía Prados, J.M., Arias Fernández, I., Romero Gómez, M. and Naveiro Parga, M., 2024. The decarbonisation of the maritime sector: Horizon 2050. Brodogradnja: An International Journal of Naval Architecture and Ocean Engineering for Research and Development, 75(2), pp.1-26.

Oduro, P., Uzougbo, N.S. and Ugwu, M.C., 2024. Navigating legal pathways: Optimizing energy sustainability through compliance, renewable integration, and maritime efficiency. Engineering Science & Technology Journal, 5(5), pp.1732-1751.

Psaraftis, H. N., Ince, R. M., & Sgouridis, I. (2021). A comparative evaluation of market-based measures for shipping decarbonization. Research in Transportation Economics, 88, 101073.