2 The Regulatory Law Element of Shipboard LNG
To discuss the regulatory law regime governing shipboard LNG particularly shipboard LNG used as fuel, it is important to address pollution of the air caused by
exhaust emissions from ships which, in turn, depend on the quality and cleanliness of
the fuel used, as that is indeed a major element underpinning the discussions around
using alternative fuels, such as LNG. It is trite that such pollution eventually returns
to the earth’s surface and much of it enters the oceans which is why it can be
characterized as ship-source pollution albeit one that is indirect as it first enters the
air. Annex VI of MARPOL
2 is the international regime that regulates and sets
standards for ship-source air pollution. Notable in this regard is that in UNCLOS,
3
it is referred to as “pollution from and through the atmosphere”, which, in the view of
the present authors, is a better and more accurate description of the phenomenon.
UNCLOS Article 212 provides the basic legal framework for the establishment of an
international regulatory regime elaborated through rules and standards adopted
by IMO.
2.1 Reduction of Sulphur in Ship Emissions
It is recognized that among others, sulphur content in ships’ fuel is a major culprit in
terms of generating air pollution. The “talk of the town” today is sulphur 2020 which
signifies 1 January 2020 as the date when the new limit on sulphur content in ships’
fuel oil comes into effect. The date is unchangeable due to complications involved in
setting a new implementation date.
4 The details of compliance with sulphur control
requirements and acceptable non-compliant alternatives are discussed below. The
connection with LNG in this regard is highlighted by the fact that in order to meet the
compliance requirements under the anticipated MARPOL regulations, natural gas of
sorts including LNG can be used as fuel. Methanol is a fuel alternative commonly
used in certain short sea services.
5 These gases when ignited produce negligible
amounts of sulphur oxide (SOx) emissions. In developing the International Code of
Safety for Ships using Gases or other Low Flashpoint Fuels (IGF Code) adopted in
2015, IMO has taken cognizance of this fact.
6
2 International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), 1340
UNTS 184.
3 United Nations Convention on the Law of the Sea, 1833 U.N.T.S. 397.
4 IMO Document (2019).
5 Ibid.
6 See International Code of Safety for Ships using Gases or other Low Flashpoint Fuels (IGF Code),
MSC Res.391(95).
The International Legal Regime Governing Shipboard LNG
693
To discuss the regulatory law regime governing shipboard LNG particularly shipboard LNG used as fuel, it is important to address pollution of the air caused by
exhaust emissions from ships which, in turn, depend on the quality and cleanliness of
the fuel used, as that is indeed a major element underpinning the discussions around
using alternative fuels, such as LNG. It is trite that such pollution eventually returns
to the earth’s surface and much of it enters the oceans which is why it can be
characterized as ship-source pollution albeit one that is indirect as it first enters the
air. Annex VI of MARPOL
2 is the international regime that regulates and sets
standards for ship-source air pollution. Notable in this regard is that in UNCLOS,
3
it is referred to as “pollution from and through the atmosphere”, which, in the view of
the present authors, is a better and more accurate description of the phenomenon.
UNCLOS Article 212 provides the basic legal framework for the establishment of an
international regulatory regime elaborated through rules and standards adopted
by IMO.
2.1 Reduction of Sulphur in Ship Emissions
It is recognized that among others, sulphur content in ships’ fuel is a major culprit in
terms of generating air pollution. The “talk of the town” today is sulphur 2020 which
signifies 1 January 2020 as the date when the new limit on sulphur content in ships’
fuel oil comes into effect. The date is unchangeable due to complications involved in
setting a new implementation date.
4 The details of compliance with sulphur control
requirements and acceptable non-compliant alternatives are discussed below. The
connection with LNG in this regard is highlighted by the fact that in order to meet the
compliance requirements under the anticipated MARPOL regulations, natural gas of
sorts including LNG can be used as fuel. Methanol is a fuel alternative commonly
used in certain short sea services.
5 These gases when ignited produce negligible
amounts of sulphur oxide (SOx) emissions. In developing the International Code of
Safety for Ships using Gases or other Low Flashpoint Fuels (IGF Code) adopted in
2015, IMO has taken cognizance of this fact.
6
2 International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), 1340
UNTS 184.
3 United Nations Convention on the Law of the Sea, 1833 U.N.T.S. 397.
4 IMO Document (2019).
5 Ibid.
6 See International Code of Safety for Ships using Gases or other Low Flashpoint Fuels (IGF Code),
MSC Res.391(95).
The International Legal Regime Governing Shipboard LNG
693