This book explores the scope and applicability of chapter XII of the United Nations Conventions on Law of the Sea (UNCLOS), relating to the enforcement of international maritime legislation on air pollution. It focuses on enforcement of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and the strengthened global sulphur limit which comes into force in 2020. The book also examines enforcement of the international regulatory measures on Greenhouse Gasses (GHG) for shipping which the UN's International Maritime Organization (IMO) is set to adopt through its GHG Strategy.
The first chapters in Part I provide an overall introduction to relevant regulations of MARPOL Annex VI, UNCLOS, Port State Control (PSC), the EU Sulphur Directive and basic jurisdictional principles of international law. Part II analyses the amplified enforcement and notifying obligations of UNCLOS chapter XII placed on flag States and the broadened jurisdictions for port and coastal States to enforce. This includes extraterritorial enforcement by port States on the high seas and how overlapping jurisdictions are resolved. These theoretical discussions on jurisdiction are tied to practical applications pertaining to PSC, detention and sanctions.
Part III builds upon the conclusions of Part II in relation to the enforcement of other IMO legislation.
Finally, with the increased environmental challenges relating to global warming, and given the special legal status of ships, Part IV offers an analysis of whether the IMO's regulatory measures on GHG could, in the future, be considered peremptory norms of a 'jus cogens' character, also addressing the legal implications relating to State responsibility and enforcement.