TY - JOUR

T1 - Coastal States Jurisdiction in the EEZ under UNCLOS: Focus on Marine Pollution from Ships Emissions

AU - Rafaly, Vonintsoa

PY - 2021

Y1 - 2021

N2 - Marine pollution from ship emissions has raised increasing awareness regarding its relation to climate change issues. Attempts have been made to reduce and control such type of pollution, by the development of the law of the sea and maritime law through the work of the IMO, and international rules and standards regarding climate change mitigation. These regulations made a distinction between greenhouse gas (GHG) emissions and non-greenhouse gas (non-GHG) emissions. Non-GHGs pollutants are considered as having an impact on coastal air quality and coastal community health, considering the fact that almost 70 per cent of ship emissions are emitted within 400 km of the coast. Flag state and port state jurisdiction were considered as the best mean to reduce and control non-GHGs emissions from ships, by implementing and enforcing international rules and standards. This paper explores the role of coastal states in that matter and what are the alternative actions for those states, directly affected to this type of pollution, to implement and enforce these rules and standards, namely if the pollution occurs in their EEZ? This study will explore different alternatives regarding jurisdictional rules under UNCLOS and technical rules under the MARPOL Convention framework.

AB - Marine pollution from ship emissions has raised increasing awareness regarding its relation to climate change issues. Attempts have been made to reduce and control such type of pollution, by the development of the law of the sea and maritime law through the work of the IMO, and international rules and standards regarding climate change mitigation. These regulations made a distinction between greenhouse gas (GHG) emissions and non-greenhouse gas (non-GHG) emissions. Non-GHGs pollutants are considered as having an impact on coastal air quality and coastal community health, considering the fact that almost 70 per cent of ship emissions are emitted within 400 km of the coast. Flag state and port state jurisdiction were considered as the best mean to reduce and control non-GHGs emissions from ships, by implementing and enforcing international rules and standards. This paper explores the role of coastal states in that matter and what are the alternative actions for those states, directly affected to this type of pollution, to implement and enforce these rules and standards, namely if the pollution occurs in their EEZ? This study will explore different alternatives regarding jurisdictional rules under UNCLOS and technical rules under the MARPOL Convention framework.

M3 - Journal article

VL - 39

SP - 101

EP - 120

JO - Annuaire de Droit Maritime et Océanique

JF - Annuaire de Droit Maritime et Océanique

ER -