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THE INTERNATIONAL REGULATION OF SHIP GHG EMISSIONS

THE INTERNATIONAL REGULATION OF SHIP GHG EMISSIONS. Aldo Chircop Canada Research Chair in Maritime Law and Policy Marine & Environmental Law Institute Schulich School of Law, Dalhousie University, Canada. outline. Introduction Regulatory complexity IMO Strategy for GHG emissions

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THE INTERNATIONAL REGULATION OF SHIP GHG EMISSIONS

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  1. THE INTERNATIONAL REGULATION OF SHIP GHG EMISSIONS Aldo Chircop Canada Research Chair in Maritime Law and Policy Marine & Environmental Law Institute Schulich School of Law, Dalhousie University, Canada

  2. outline Introduction Regulatory complexity IMO Strategy for GHG emissions Strategy delivery Concluding observations (c) Chircop/HIELC 2019

  3. 1. Introduction • UNFCCC/Paris Agreement • Mitigation goal: keeping global temperatures well below 2° C, aiming for 1.5°C • Nationally determined contributions (NDCs); shipping not addressed directly, but included in the goal • UNCLOS • Article 192: ‘positive obligation to take active measures’ • Article 194: duty to minimize pollution from ships • Article 212: • duty to prevent, reduce & control pollution through the atmosphere • to establish global & regional rules, standards & recommended practices & procedures to prevent, reduce & control such pollution through the IMO or diplomatic conference • Article 222: duty to enforce • Regulatory authority = IMO = ‘the competent international organization’ for international shipping (c) Chircop/HIELC 2019

  4. Shipping emissions • IMO 2nd GHG Study (2007): • Shipping emitted 3.3% of global CO2 emissions (international shipping: 2.7%), comparable to Germany and the UK • CO2 = the most important GHG contributor • In a business as usual scenario emissions would increase by 150% to 250% by 2050 commensurate with growth of world trade • IMO 3rd GHG Study (2014): • Business as usual scenario: projected emissions increase by 50% to 250% by 2050 even with enhanced energy efficiency • IMO response to the Paris Agreement challenge: The IMO ‘Initial’ Strategy (c) Chircop/HIELC 2019

  5. 2. REGULATORY Complexity (c) Chircop/HIELC 2019

  6. Convergence of global international regimes (c) Chircop/HIELC 2019

  7. Efforts in developing shipping’s approach to mitigation • Prevention of Air Pollution from Ships, Assembly Resolution A.719(17), 1991 • MARPOL Protocol of 1997 and adoption of Annex VI • Kyoto Protocol, 1997: • Annex I States Parties to the UNFCCC agredd to pursue through the IMO the reduction of GHG emissions from marine bunker fuels not addressed by the Montreal Protocol • Cooperation between the Secretariats of IMO and UNFCCC/SBSTA since MEPC 42 in 1998 • MEPC has deliberated on GHG emissions in most sessions since MEPC 42 • New MARPOL Annex VI Chapter 4: Regulations on Energy Efficiency of Ships • Roadmap and initial draft strategy adopted in 2018 (c) Chircop/HIELC 2019

  8. REGULATORY roadmap (c) Chircop/HIELC 2019

  9. 3. The IMO STRATEGY ON REDUCTION OF GHG EMISSIONS FROM SHIPS (MEPC 72) (c) Chircop/HIELC 2019

  10. Subject to reviews, new estimates, options, IPCC reports: • Carbon intensity of the ship to decline through implementation of further phases of the EEDI for new ships (per ship type) • Carbon intensity of international shipping to decline, per transport work across the industry, by at least 40% by 2030, pursuing efforts towards 70% by 2050, compared to 2008 • GHG emissions from shipping to peak ASAP and decline by at least 50% by 2050 while pursuing continuing efforts Initial Ambitions (c) Chircop/HIELC 2019

  11. Non-discrimination • No more favourable treatment • CBDR and respective capabilities, in the light of different national circumstances • Full and complete effect by all ships regardless of flag • Consideration of impacts on states, including developing countries, in particular, LDCs and SIDS • Evidence-based decision-making balanced with the precautionary approach principles (c) Chircop/HIELC 2019

  12. Timeline and measures (1) Short-term: 2018-2023 Classification of candidate short-term measures (c) Chircop/HIELC 2019

  13. possible short-term measures? • Defined as actually helping reduce emissions by 2023 • Mandatory and voluntary (best practices) measures Who will assess the impact of each measure? • Proponent • IMO • Affected States • Epistemic communities Criteria? (c) Chircop/HIELC 2019

  14. ‘The devil is in the detail’ (c) Chircop/HIELC 2019

  15. The port-ship interface • Ports can assist ships reduce emissions, but IMO conventions are mostly about ships • Technically, ports are captured by the NDCs rather than the IMO strategy • Optimizing the port visit (speed, berthing/deberthing, etc.) • Shore-sourced power, as long as it is from renewables or low-carbon • Bunkering: diverse low and zero carbon fuels, but need to avoid methane • Role of ports in providing environmental incentives (e.g., green ships) • Ports as recipients of technical support and capacity-building (e.g., GloMEEP Ship and Port Emissions Toolkit) (c) Chircop/HIELC 2019

  16. Timeline and measures (2) Medium-term: 2023-2030 • Implementation programme for uptake of alternative low and zero-carbon fuels and update national actions plans for such fuels. • Operational energy efficiency measures and indicators for new and existing ships. • New/innovative emission reduction mechanism(s), e.g., MBMs to incentivize reductions. • Continue and enhance technical cooperation and capacity-building. • Development of a feedback mechanism to enable lessons learned on implementation of measures to be collated and shared through a possible information exchange on best practices. (c) Chircop/HIELC 2019

  17. Timeline and measures (3) Long-term: 2030-2050 • Development and provision of zero-carbon or fossil-free fuels to enable/assess decarbonization in 2050-2100. • Encourage and facilitate the general adoption of other possible new/innovative emission reduction mechanism(s). (c) Chircop/HIELC 2019

  18. ‘The impacts … should be assessed and taken into account as appropriate before adoption of the measure. Particular attention should be paid to the needs of developing countries, especially small island developing States (SIDS) and least developed countries (LDCs).’ Impacts socio-economic progress and development (c) Chircop/HIELC 2019

  19. Barriers & supportive measures • Developing countries, in particular the LDCs and SIDS, are recognized to have special needs with regard to capacity building and technical cooperation. • New energy sources that are safe for ships could be a specific barrier to the implementation of possible measures • Promotion of efforts for low-carbon technologies by facilitating public-private partnerships and information exchange. • Mechanisms for facilitating information sharing, technology transfer, capacity-building and technical cooperation • IMO to assess financial and technological resources and capacity-building to implement the Strategy periodically (c) Chircop/HIELC 2019

  20. 4. strategy delivery MEASURES STRUCTURES • Technical • EEDI for new ships + retrofits • Ship type specific • Operational • SEEMP for existing ships • Course/speed management • Fuel reporting by ships of 5,000 GRT+ • IMO • MEPC, MSC, LEG, FAL, TCC • ISWG • New Technical Group or Subcommittee on Reduction of GHG Emissions from Ships ? MARPOL ANNEX VI Codes, guidelines, recommendations Market-based measures In sector? Instruments: • MARPOL? • New IMO instrument? • Use Paris Agreement structure? IACS/ROs • Other measures • National Action Plans • Port infrastructure ISO TC 8 • Technology cooperation and transfer on energy efficiency • TCP • GloMEEP • Global MTCC Network Others? (c) Chircop/HIELC 2019

  21. Review, monitoring & compliance Climate regime Private law Capacity-building Technical cooperation Technology transfer Regional regimes Law of the sea regime International maritime regime WTO? (c) Chircop/HIELC 2019

  22. Should there be greater urgency to decarbonize after the IPCC’s report on 1.5oand recent science re ocean thermal storage and 3.5-5o locked in temperatures in the Arctic? • Tension between the evidence-based approach and precaution • Balancing prescriptive and goal-based approaches to GHG regulation • Impact of the sulphur rule on the IMO Strategy • Weighing impacts, costs and the cost of not acting urgently and effectively • Compensatory mechanism/offsets for SIDS and need for a substantial Trust Fund • Need to start planning for an MBM early to incentivize • MBMs: new directions for IMO governance? 5. Concluding observations (c) Chircop/HIELC 2019

  23. Vielen dank!Thank you Acknowledgement Parts of this presentation are based on A Chircop, M Doelle & R Gauvin, Shipping and Climate Change: International Law and Policy Considerations (Centre for International Governance Innovation, 2018) (c) Chircop/HIELC 2019

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