health and environmental benefits for the world, particularly for populations living
close to ports and coasts.”
3 However, it is also argued that such measures will lead to
modal backshift,
4 higher costs for maritime transport, increased freight rates, difficulty for shipping in absorbing the increase in costs, uncertainty on the impact of a
greater demand for marine fuels on diesel prices in general, and the transfer of
production facilities, among others.
5
The 2020 sulphur cap is but one of a number of measures introduced by the
International Maritime Organization (IMO) through Annex VI “Regulations for the
Prevention of Air Pollution from Ships” of the International Convention for the
Prevention of Pollution from Ships (MARPOL), 1973, as amended, to prevent shipsourced air pollution by limiting exhaust gases (sulphur oxide (SOx) and nitrous
oxide (NOx)) and other ozone depleting substances as well as controlling greenhouse gas (GHG) emissions (mainly carbon dioxide (CO 2 ), among others). The
latest IMO-commissioned study
6 on greenhouse gases estimates that international
shipping was responsible for 816 million tonnes of GHG emissions in 2012,
representing 2.1% of the global total. The study also estimates that international
shipping produces around 18.6 million tonnes of NOx and 10.6 million tonnes of
SOx annually, representing 13% and 12% of global totals respectively.
7
Annex VI contains the standards in MARPOL that directly prescribes the obligations of states to minimize, reduce, control, and curtail harmful emissions to the
atmosphere from their ships. In meeting its implementation obligations, flag states
apply first and foremost the statutory ship inspection and survey regimes connected
with the registration and certification of ships.
8 However, a combination of the
prevalence of open registries and the international character of shipping means that
the majority of ships seldom, if at all, call at ports in the states whose flags they fly. In
contrast, all ships regularly enter foreign ports in the normal course of business to
load or discharge cargo, take in bunkers and provisions, change crew, or carry out
maintenance and repairs, among others. Flag state measures are therefore
complemented by port state efforts, through port state control (PSC), that enable
verification of continued compliance by ships outside the regular flag state
3 IMO (2019e).
4 That is, a movement in the opposite direction of the goal of shifting long distance road transport to
more environmental friendly transport modes such as shipping. See Holmgren et al. (2014).
5 Vierth et al. (2015), and Cullinane and Bergqvist (2014).
6 The Third IMO Greenhouse Gas Study 2014; IMO (2015).
7 Ibid., pp. 1–2.
8 Statutory surveys are announced activities in which ships are notified in advance that governmentappointed surveyors are scheduled to inspect or survey the vessel for the purpose of certification.
They emanate from international conventions and are conducted by or on behalf of flag states. Also
included are statutory inspections which normally relate to domestic regulations rather than
international conventions; surveys and inspections are distinguished from each other in some
jurisdictions depending on the level of detail involved and the qualification of the inspecting officer.
See Mejia et al. (2007), p. 411.
526
M. Q. Mejia, Jr.
close to ports and coasts.”
3 However, it is also argued that such measures will lead to
modal backshift,
4 higher costs for maritime transport, increased freight rates, difficulty for shipping in absorbing the increase in costs, uncertainty on the impact of a
greater demand for marine fuels on diesel prices in general, and the transfer of
production facilities, among others.
5
The 2020 sulphur cap is but one of a number of measures introduced by the
International Maritime Organization (IMO) through Annex VI “Regulations for the
Prevention of Air Pollution from Ships” of the International Convention for the
Prevention of Pollution from Ships (MARPOL), 1973, as amended, to prevent shipsourced air pollution by limiting exhaust gases (sulphur oxide (SOx) and nitrous
oxide (NOx)) and other ozone depleting substances as well as controlling greenhouse gas (GHG) emissions (mainly carbon dioxide (CO 2 ), among others). The
latest IMO-commissioned study
6 on greenhouse gases estimates that international
shipping was responsible for 816 million tonnes of GHG emissions in 2012,
representing 2.1% of the global total. The study also estimates that international
shipping produces around 18.6 million tonnes of NOx and 10.6 million tonnes of
SOx annually, representing 13% and 12% of global totals respectively.
7
Annex VI contains the standards in MARPOL that directly prescribes the obligations of states to minimize, reduce, control, and curtail harmful emissions to the
atmosphere from their ships. In meeting its implementation obligations, flag states
apply first and foremost the statutory ship inspection and survey regimes connected
with the registration and certification of ships.
8 However, a combination of the
prevalence of open registries and the international character of shipping means that
the majority of ships seldom, if at all, call at ports in the states whose flags they fly. In
contrast, all ships regularly enter foreign ports in the normal course of business to
load or discharge cargo, take in bunkers and provisions, change crew, or carry out
maintenance and repairs, among others. Flag state measures are therefore
complemented by port state efforts, through port state control (PSC), that enable
verification of continued compliance by ships outside the regular flag state
3 IMO (2019e).
4 That is, a movement in the opposite direction of the goal of shifting long distance road transport to
more environmental friendly transport modes such as shipping. See Holmgren et al. (2014).
5 Vierth et al. (2015), and Cullinane and Bergqvist (2014).
6 The Third IMO Greenhouse Gas Study 2014; IMO (2015).
7 Ibid., pp. 1–2.
8 Statutory surveys are announced activities in which ships are notified in advance that governmentappointed surveyors are scheduled to inspect or survey the vessel for the purpose of certification.
They emanate from international conventions and are conducted by or on behalf of flag states. Also
included are statutory inspections which normally relate to domestic regulations rather than
international conventions; surveys and inspections are distinguished from each other in some
jurisdictions depending on the level of detail involved and the qualification of the inspecting officer.
See Mejia et al. (2007), p. 411.
526
M. Q. Mejia, Jr.