Recent Developments and Continuing Challenges in the Regulation of Greenhouse Gas Emissions from International Shipping

Abstract

This paper explains and evaluates the development of Part IV to Annex VI of the MARPOL Convention which was adopted in July 2011. The addition to Annex VI contains new rules regulating the energy efficiency of ships. In particular, Part IV introduces the so-called Energy Efficiency Design Index (EEDI) which will require all new ships to meet specific energy efficiency targets. One of the striking features of the negotiation process of the EEDI was the failure to achieve a consensus amongst IMO Member States. In particular, there was disagreement on the application of the principle of common but differentiated responsibilities to the shipping sector. In its final form, the EEDI is designed to apply to all ships, regardless of which flag they fly. However, several large developing countries voted against the new rules which raises doubts as to whether the EEDI will apply universally, particularly as these states will be able to avoid their application through the exercise of their right to object to amendments under the MARPOL Convention. In response to this problem, this paper considers the options that are available to proponents of the new scheme to promote its application to all ships, including states which are not formally bound to comply with the EEDI. The paper argues that whilst there are some strategies that can be used by those states which support the EEDI to promote their application, particularly through port state measures, these strategies only offer a sticking plaster. Universal application can only be achieved through a political solution.