The effectiveness of legal framework of Arctic vessel-source black carbon governance.

Abstract

The Arctic is particularly vulnerable to the impacts of climate change, of which vessel-source black carbon aerosols serving as a prominent catalyst for these changes. This situation is poised to worsen as sea ice melts and shipping lanes change. Rapid action aimed at mitigating short-term climate forcing factors can yield almost immediate climate benefits in the Arctic. This article provides an overview of the legal framework governing black carbon in the Arctic, considering three distinct perspectives: the global, regional, and national dimensions. These perspectives encompass global forums represented by the International Maritime Organization (IMO) and the United Nations Framework Convention on Climate Change(UNFCCC), with a focus on recent developments concerning black carbon governance, notably the amendments to MARPOL Annex VI and Annex I. Regionally, forums represented by the Arctic Council and the European Union are examined. Black carbon emissions exhibit migratory characteristics, yet the primary legal responsibilities for emission reduction are concentrated within Arctic states. Therefore, this article also delves into the laws and practices of Arctic coastal states in their efforts to combat black carbon emissions, using Canada and Norway as examples. The analysis of institutional effectiveness in this article indicates that, at present, specialized legislation on black carbon is either vague or non-existent. The current Arctic ship-source black carbon governance system faces issues related to leadership ambiguity in its institutional structure, a limited scope of responsible entities, and a lack of diverse implementation measures. Simultaneously, the governance system is questioned for having weak or non-legally binding regulations at the level of legal enforcement. The article anticipates the introduction of more mandatory regulations while also encouraging the selection of non-coercive policy tools. Accordingly, this article argues that a coordinated governance system centered on IMO and the Arctic Council needs to be established. Such a framework should adopt a more inclusive approach to stimulate positive interactions between regulations, aiming to create a broader winning alliance based on the existing foundations.