UNCLOS

Contributing to the book: “The International Convention for the Prevention of Pollution from Ships – A Commentary”

I am both proud and honoured to have contributed a chapter to the recently published commentary The International Convention for the Prevention of Pollution from Ships – A Commentary, published by Edward Elgar as part of its Elgar Commentaries in International Environmental Law series. The volume is edited by Professor Henrik Ringbom (Åbo Akademi University / University of Oslo) and Professor Aldo Chircop (Dalhousie University) and brings together leading maritime law scholars and practitioners from around the world.

The commentary provides a comprehensive article-by-article and regulation-by-regulation analysis of MARPOL, widely regarded as the International Maritime Organization’s (IMO) most important convention on the prevention of vessel-source pollution. Beyond explaining the individual annexes and regulations, the book examines MARPOL’s history, regulatory philosophy, implementation and enforcement, while placing the Convention within its broader international law context. It is intended as a resource for maritime administrations, practitioners, academics, students and the shipping industry alike.

My contribution is Chapter 16 – Annex VI: Regulation 14: Sulphur Emissions, which examines one of the most significant environmental measures ever adopted by the IMO.

The chapter analyses the legal framework governing the sulphur content of marine fuels, including:

• the global IMO 2020 sulphur cap;
• Sulphur Emission Control Areas (SECAs);
• the legal obligations of flag, port and coastal States;
• enforcement through Port State Control;
• the relationship between MARPOL Annex VI and the United Nations Convention on the Law of the Sea (UNCLOS); and
• practical enforcement challenges arising from the implementation of the sulphur regime.

The analysis also considers how the sulphur regulations have evolved into one of the IMO’s most successful environmental instruments, significantly reducing sulphur oxide (SOx) emissions from international shipping while demonstrating how international regulation can be effectively implemented through a combination of flag State responsibility, port State control and international cooperation.

It is a privilege to have had the opportunity to contribute alongside so many respected colleagues whose work has helped shape the development of modern international maritime law. I hope the chapter will prove useful for practitioners, maritime administrations, students and fellow researchers with an interest in MARPOL Annex VI and the international regulation of air pollution from ships.

For readers interested in the book, further information is available from the publisher:

Edward Elgar Publishing – The International Convention for the Prevention of Pollution from Ships – A Commentary Book page at Edward Elgar Publishing