Some thoughts on application of the polluter pays principle for controlling marine greenhouse gas emissions

Abstract

Greenhouse gas (GHG) emissions cause much potential harm and damage because of their impact on our climate, with global shipping contributing about 3% of global GHG emissions annually. Although the International Maritime Organization has provided mandatory rules, as well as having set up its reduction goal and action plans, the adequacy and effectiveness of the relevant measures are under constant criticism. The application of the Polluter Pays Principle (PPP) implies that potential polluters would be incentivised to avoid any environmental damage, since they will be required to bear the cost of their pollution damage. This paper aims to examine three relevant issues arising out of application of the PPP for controlling marine GHG emissions: Firstly, whether the PPP is already embodied within the existing regulatory regime for emission reduction; secondly, whether application of the PPP would contribute to achieving the marine GHG reduction goal in a more efficient and fair manner; and thirdly, how we might consider using it for the prevention of environmental harm caused by marine GHG emissions.