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  • 3 - Controlling GHG Emissions from Shipping

  • from Part II - Tackling Multiple Pressures on the Oceans
  • Edited by Froukje Maria Platjouw, Norwegian Institute for Water Research (NIVA), Alla Pozdnakova, Universitetet i Oslo
  • Book:
    The Environmental Rule of Law for Oceans
    Published online:
    21 February 2023
    Print publication:
    20 April 2023, pp 31-45
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  • Summary

    In the context of increasing pressure to decisively address the issue of GHG emissions from shipping, this Chapter examines the relevance and fitness for purpose of UNCLOS as a framework for ongoing efforts to tackle this issue. Considering the time when it was negotiated, it should come as no surprise that the Convention makes no express reference to climate change. This does not mean that UNCLOS has no role to play. The Chapter examines the Convention’s definition of ’marine pollution’, general provisions such as Articles 192 and 194 as well as the Convention provisions on flag, coastal and port State jurisdiction. The main conclusion is that UNCLOS is adequately placed to fulfil its designated function as a constitution for the oceans, but its provisions must be complemented by more detailed technical rules. In line with UNCLOS, these measures also need to be systemically integrated with the wider international environmental law framework.