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Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emission

Yubing Shi

ISBN13: 9789004329300

Published: December 2016

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £139.00

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In Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi provides ground-breaking analyses of the evolving regulatory framework for the reduction of greenhouse gas emissions from international shipping.

This book examines the applicability of international environmental law principles to the reduction of greenhouse gas emissions from ships and assesses the responses of the key stakeholders to the challenge of regulation.

Based on these in-depth analyses, Shi identifies key gaps in the current regulatory framework for the reduction of greenhouse gas emissions from international shipping, and proposes options for legal and institutional reforms to improve the system in place.

Subjects:: Shipping, Transport and Maritime Law, Environmental Law

Contents:: FORWARD; PREFACE; ACKNOWLEDGEMENTS; LIST OF ACRONYMS; LIST OF TABLES; LIST OF FIGURES; CHAPTER 1; INTRODUCTION; 1.1 Greenhouse Gas Emissions as a Regulatory Challenge; 1.1.1 Greenhouse Gas Emissions and Climate Change; 1.1.1.1 An Overview of Climate Change; 1.1.1.2 Contribution of Greenhouse Gas Emissions to Climate Change; 1.1.2 Transboundary Nature of Greenhouse Gas Emissions; 1.2 Contribution of International Shipping to Greenhouse Gas Emissions; 1.2.1 Introduction to International Shipping; 1.2.2 Greenhouse Gas Emissions from International Shipping; 1.2.2.1 Categories of Emissions from Ships; 1.2.2.2 General Emissions Statistics from International Shipping; 1.2.2.3 Impacts of Greenhouse Gas Emissions from International Shipping; 1.3 Statement of the Problem; 1.4 Scope of the Book and Chapter Outline; CHAPTER 2; INTERNATIONAL ENVIRONMENTAL LAW RESPONSIBILITY AND ITS APPLICATION TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING; 2.1 Introduction; 2.1.1 The Concept of ‘Pollution’; 2.1.2 ‘Pollution’ and Greenhouse Gas Emissions from International Shipping; 2.1.2.1 Legal Analysis of Treaty Definition of Pollution; 2.1.2.2 National Legislation on the Legal Nature of GHG Emissions; 2.2 Jurisdiction over Greenhouse Gas Emissions from International Shipping; 2.2.1 The Concept of ‘Jurisdiction’; 2.2.2 Flag State Jurisdiction; 2.2.3 Coastal State Jurisdiction; 2.2.4 Port State Jurisdiction; 2.3 Environmental Liability for Transboundary Harm Caused by Greenhouse Gas Emissions from International Shipping; 2.3.1 An Overview of Transboundary Harm; 2.3.2 The Application of Transboundary Harm Rules to the Issue of Greenhouse Gas Emissions from International Shipping; 2.4 The Precautionary Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping; 2.4.1 An Overview of the Precautionary Principle; 2.4.2 The Applicability of the Precautionary Principle to the Issue of Greenhouse Gas Emissions from International Shipping; 2.5 ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’; 2.5.1 Common but Differentiated Responsibility; 2.5.1.1 Common Responsibility; 2.5.1.2 Differentiated Responsibility; 2.5.1.3 Legal Status and Application; 2.5.2 No More Favourable Treatment; 2.5.2.1 An Overview; 2.5.2.2 Legal Status and Application; 2.5.3 Application of Both ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’ Principles to the Issue of Greenhouse Gas Emissions from International Shipping; 2.5.3.1 Applicability of Two Regulatory Principles; 2.5.3.2 Approaches to Applying the Two Principles; 2.6 The Polluter-Pays Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping; 2.6.1 An Overview of the Polluter-Pays Principle; 2.6.2 The Application of the Polluter-Pays Principle to the Issue of Greenhouse Gas Emissions from International Shipping; 2.7 Conclusion; CHAPTER 3; THE UN RESPONSE TO THE ISSUE OF GREENHOUSE; GAS EMISSIONS FROM INTERNATIONAL SHIPPING; 3.1 Introduction; 3.2 The UN Institutional Responses; 3.2.1 The UN and the IPCC; 3.2.2 Other Institutions and their Interaction; 3.3 International Legal Framework on Climate Change; 3.2.1 The Prevention of Atmospheric Pollution; 3.2.1.1 The 1979 Convention on Long-Range Transboundary Air Pollution; 3.2.1.2 The 1985 Convention for the Protection of the Ozone Layer; 3.2.2 The UNFCCC-Kyoto Protocol Regime; 3.2.2.1 The UNFCCC and its Kyoto Protocol; 3.2.2.2 Post-Kyoto Efforts and Outcomes; 3.2.2.3 The Paris Agreement and its Implications for GHG Emissions from International Shipping; 3.4 Conclusion; CHAPTER 4; THE IMO RESPONSE TO THE ISSUE OF GREENHOUSE; GAS EMISSIONS FROM INTERNATIONAL SHIPPING; 4.1 Introduction; 4.2 The IMO’s Mandate and Competence to Regulate Greenhouse Gas Emissions from International Shipping; 4.3 The IMO Greenhouse Gas Emissions Regime; 4.3.1 Evolution of the IMO Greenhouse Gas Emissions Regime; 4.3.2 Annex VI to MARPOL 73/78 and its Amendments; 4.3.3 Outcomes within the Marine Environment Protection Committee; 4.3.3.1 Technical Measures; 4.3.3.2 Operational Measures; 4.3.3.3 Assessment of Current Technical and Operational Measures; 4.3.4 Market-Based Measures; 4.3.4.1 The Market-Based Measure as a Policy Option; 4.3.4.2 Assessment of Current Market-Based Measure Proposals; 4.4 Conclusion; CHAPTER 5; RESPONSE FROM THE SHIPPING INDUSTRY TO; THE ISSUE OF GREENHOUSE GAS EMISSIONS; FROM INTERNATIONAL SHIPPING; 5.1 Introduction; 5.2 Response from International and Regional Shipping Organisations; 5.2.1Ship Designers and Shipbuilders; 5.2.2 Shipowners and Ship Operators; 5.2.3 Cargo Owners; 5.2.4 Ship Insurers; 5.2.5 Classification Societies; 5.2.6 Bunker Suppliers; 5.2.7 Conclusion; 5.3 Response from the Shipping Industry in the UNFCCC Annex I States; 5.3.1 Australia; 5.3.2 Greece; 5.3.3 The United Kingdom; 5.3.4 Conclusion; 5.4 Response from the Shipping Industry in the UNFCCC Non-Annex I States; 5.4.1 China; 5.4.2 The Republic of Korea; 5.4.3 India; 5.4.4 Conclusion; 5.5 Conclusion; CHAPTER 6; RESPONSE FROM FLAG STATES AND PORT STATES TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING; 6.1 Introduction; 6.2 Flag State Control and the Issue of ‘Flags of Convenience’; 6.3 Response from Main Flag States; 6.3.1 The UNFCCC Annex I Flag States; 6.3.1.1 Greece; 6.3.1.2 Japan; 6.3.2 The UNFCCC Non-Annex I Flag States; 6.3.2.1 Panama; 6.3.2.2 China; 6.3.2.3 Vanuatu; 6.4 Port State Control; 6.5 Response from Global and Regional Port States Organisations; 6.5.1 The International Association of Ports and Harbors; 6.5.2 Regional Memoranda of Understanding on Port State Control; 6.6 Response from Main Port States; 6.6.1 The UNFCCC Annex I Port States; 6.6.2 The UNFCCC Non-Annex I Port States; 6.7 Conclusion; CHAPTER 7; THE FUTURE DEVELOPMENT OF LEGAL AND INSTITUTIONAL FRAMEWORKS TO REDUCE GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING; 7.1 Introduction; 7.2 Influence and Interaction of Various Stakeholders in Regulating and Implementing GHG Emissions from International Shipping; 7.3 Formation of the International Regulatory Framework for Reducing GHG Emissions from International Shipping; 7.4 Deficiencies in Adopted Energy Efficiency Measures and Approaches for Their Future Improvement; 7.4.1 Deficiencies in Current Technical and Operational Measures; 7.4.2 Expanding the Coverage and Strengthening the Effectiveness of Technical Measures; 7.4.3 Strengthening the Effectiveness of Operational Measures; 7.4.4 Improving the Enforcement of Energy Efficiency Measures by Flag and Port States; 7.4.5 Regulating the Mandatory Data Collection System in a Prudential Manner; 7.5 Analysis of Necessity and Feasibility of Adopting a Market-Based Measure; 7.5.1 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 Measures; 7.5.2.2 Criteria and Methodology for Selecting Market-Based Measures; 7.5.2.3 Selection of the Most Suitable Market-Based Measure; 7.5.2.4 Proposed Mechanisms for the Selected Market-Based Measure; 7.6 Institutional Fragmentation, Imbalance of Interests, and Proposed Reforms; 7.6.1 Institutional Fragmentation in Global Reduction of Shipping GHG Emissions; 7.6.2 Optimising Institutional Arrangements; 7.6.2.1 Technical and Operational Measures; 7.6.2.2 Market-Based Measure; 7.6.3 Imbalance of Interests between the UNFCCC Annex I States and Non-Annex I States and Proposed Reforms; 7.7 Conclusion; CHAPTER 8; CONCLUSION; 8.1 Introduction; 8.2 Applicable International Environmental Law Principles; 8.3 Findings on Main Stakeholders in GHG Emissions from International Shipping; 8.4 Gaps and Gap-Filling Recommendations; BIBLIOGRAPHY; 1. Articles/Books/Reports; 2. Cases; 3. Legislation; 4. Treaties; 5. Other; INDEX