fuel use reporting system for vessels of 5000 gross tonnage or more, with flag states
collecting data and communicating these to the IMO.
47 More recently at MEPC 72 in
2018, IMO adopted the Initial Strategy for the Reduction of Greenhouse Emissions
from Ships (IMO Strategy)
48 guided by a vision statement that the ‘IMO remains
committed to reducing GHG emissions from international shipping and, as a matter
of urgency, aims to phase them out as soon as possible in this century.’
49 The vision
is accompanied by levels of ambition that include reduction of the carbon intensity of
ships by scaling up the EEDI, aiming at reduction per transport work by at least 40%
by 2030 and aiming towards 70% by 2050 using 2008 as the base year, and
emissions are to peak as soon as possible and decline by at least 50% by 2050
while continuing action to reduce emissions.
50 The past conflicting views on principles was resolved so that both ND-NMFT and CBDR-RCNC are included in the
strategy, together with equitable considerations, precaution and evidence-based
decision-making.
51 The teeth of the strategy are the measures for the short
(2018–2023), medium (2023–2030) and long-term (2030–2050). The strategy provides an initial list of measures, with the details yet to be developed. Of particular
interest to this essay are port measures and incentives for the short-term and beyond,
and market-based measures for the medium-term and beyond, as they raise questions
concerning the IMO’s mandate and capacity. Finally, the strategy includes provisions on impacts on states and barriers, supportive measures and periodic review.
It is important to note that the strategy is only ‘initial’ and that there is already a
process under way to populate and finalize it for adoption as the ‘revised’ strategy by
2023.
52
4 Mandate and Structural Constraints
To date, it is fair to state that the IMO has made substantial progress in leading the
industry on the road to decarbonization, despite the protracted discussions and
divisions. However, the outputs are incipient and much more hard work is required
for an extended period to finalize and fully operationalize the GHG strategy. It is the
prospective work that raises questions as to how well the IMO is positioned, both in
terms of mandate and structure, to lead the shipping industry to deliver a
47 Amendments to MARPOL Annex VI (Data Collection System for Fuel Oil Consumption of
Ships), Resolution MEPC.278(70) adopted 28 October 2016.
48 Report of the MEPC on its 72nd Session, IMO Doc MEPC 72/17 (3 May 2018), 39–44. The IMO
GHG Strategy was adopted by Resolution MEPC.304/72 adopted 13 April 2018 (IMO Strategy).
49 Ibid para 2.
50 Ibid para 3.1.
51 Ibid para 3.2.4.
52 For the most recent update on the work of the ISWG-GHG at the time of writing, see Report of the
Fourth Meeting of the Intersessional Working Group on Reduction of GHG Emissions from Ships
(ISWG-GHG 4), MEPC 73/WP.5 (19 October 2018).
Governance of International Shipping in the Era of Decarbonisation: New. . .
107
collecting data and communicating these to the IMO.
47 More recently at MEPC 72 in
2018, IMO adopted the Initial Strategy for the Reduction of Greenhouse Emissions
from Ships (IMO Strategy)
48 guided by a vision statement that the ‘IMO remains
committed to reducing GHG emissions from international shipping and, as a matter
of urgency, aims to phase them out as soon as possible in this century.’
49 The vision
is accompanied by levels of ambition that include reduction of the carbon intensity of
ships by scaling up the EEDI, aiming at reduction per transport work by at least 40%
by 2030 and aiming towards 70% by 2050 using 2008 as the base year, and
emissions are to peak as soon as possible and decline by at least 50% by 2050
while continuing action to reduce emissions.
50 The past conflicting views on principles was resolved so that both ND-NMFT and CBDR-RCNC are included in the
strategy, together with equitable considerations, precaution and evidence-based
decision-making.
51 The teeth of the strategy are the measures for the short
(2018–2023), medium (2023–2030) and long-term (2030–2050). The strategy provides an initial list of measures, with the details yet to be developed. Of particular
interest to this essay are port measures and incentives for the short-term and beyond,
and market-based measures for the medium-term and beyond, as they raise questions
concerning the IMO’s mandate and capacity. Finally, the strategy includes provisions on impacts on states and barriers, supportive measures and periodic review.
It is important to note that the strategy is only ‘initial’ and that there is already a
process under way to populate and finalize it for adoption as the ‘revised’ strategy by
2023.
52
4 Mandate and Structural Constraints
To date, it is fair to state that the IMO has made substantial progress in leading the
industry on the road to decarbonization, despite the protracted discussions and
divisions. However, the outputs are incipient and much more hard work is required
for an extended period to finalize and fully operationalize the GHG strategy. It is the
prospective work that raises questions as to how well the IMO is positioned, both in
terms of mandate and structure, to lead the shipping industry to deliver a
47 Amendments to MARPOL Annex VI (Data Collection System for Fuel Oil Consumption of
Ships), Resolution MEPC.278(70) adopted 28 October 2016.
48 Report of the MEPC on its 72nd Session, IMO Doc MEPC 72/17 (3 May 2018), 39–44. The IMO
GHG Strategy was adopted by Resolution MEPC.304/72 adopted 13 April 2018 (IMO Strategy).
49 Ibid para 2.
50 Ibid para 3.1.
51 Ibid para 3.2.4.
52 For the most recent update on the work of the ISWG-GHG at the time of writing, see Report of the
Fourth Meeting of the Intersessional Working Group on Reduction of GHG Emissions from Ships
(ISWG-GHG 4), MEPC 73/WP.5 (19 October 2018).
Governance of International Shipping in the Era of Decarbonisation: New. . .
107