UNCLOS

Book about uNCLOS

The book “Enforcing International Legislation on Air Pollution through UNCLOS” explains UNCLOS in detail, including coastal-, port- and flag State Jurisdictions. The book also analyses enforcement of IMO rules, especially on GHG, through UNCLOS with focus on articles 217, 218, 220 and 228. Also on Enforcement through Jus Cogens; Erga Omnes and Universal Jurisdiciton

The purpose of this image (picture), of my book; "Enforcing International Maritime Legislation on Air Pollution through UNCLOS", is to underline that this website is focused on informing about my book on UNCLOS and genereally inform and educate on the United Nations Convention on the Law Of the Sea (UNCLOS) and how the provisions of this convention (especially those found in PART XII of UNCLOS regarding port State, flag State and coastal State jurisdiction for enforcement of environmental regulation, such as articles 217, 218, 220 and 228) can be used to effectively enforce international maritime rules for protection of the environment and climate, adopted by the UN’s International Maritime Organization (the IMO). Especially, focusing on UNCLOS allowing for port States to enforce IMO rules on GHG, irrespective of where the emission violations occur. For example, through Port State Control (PSC). This is relevant for current adopted GHG rules by the IMO, including CII, SEEMP, EEDI and EEXI but also in relation to the adoption of a “fuel standard” following the IMO’s revised GHG strategy. It also analysis how UNCLOS applies to EU regulation addressing GHG from shipping, implemented as part of the EU’s “Fit For 55” legislative package, including adoption of the FuelEU Maritime, including shipping in the Emission Trading Scheme (ETS maritime) and setting reduction goals for shipping in the third version of the Renewable Energy Directive (REDIII). The website also discusses, through the analysis of the ILC texts and ICJ caselaw, whether a Fuel Standard rule for not allowing GHG emissions, could be considered the first accepted peremptory environmental norm of a jus cogens character. This would have immense consequences in terms of enforcement, for example by not only conferring jurisdictional rights for all States to enforce following the principle of Universal Jurisdiction, but also by obligating all States (including flag States) to enforce due to such a “jus cogens” norm due to the principle of Erga Omnes. Thus, all States would, irrespective of them being party to international (IMO) legislation and/or UNCLOS, be subject to State Responsibility under the convention of Article on Responsibility of States for International Wrongful Acts (ARIWA) if falling to do so. The website also has blog where posts are made about developments in relation to UNCLOS, for example the BBNJ agreement, Seabed mining through the International Seabed Authority, ITLOS decisions and advisory opinions, including on climate. All this, and more, is also described in my book “Enforcing International Maritime Legislation on Air Pollution through UNCLOS” which is also promoted on this website and links are made to where it can be bought, e.g. at Amazon and Hart Publishing from Oxford. My background for making the conclusions on this website and writing the book (“Enforcing International Maritime Legislation on Air Pollution through UNCLOS”) stems from both working with this subject matter at different Danish authorities (Environmental Protection Agency and the Maritime Authority), but also from teaching International Law (which includes Law of the Sea and UNCLOS and ARSIWA and Jurisdiction and Jus Cogens and Erga Omnes) at Copenhagen University for over 10 years as an associated professor. I have also written articles on this and contributed with chapters for other legal works.
COntent of the Book

As stated on the frontpage, I decided to try and tie the theoretical realm of UNCLOS (especially part XII) with the practical world of authorities enforcing international maritime legislation, for example in regards to implementing MARPOL Annex VI (including the IMO 2020 0,5 % global sulphur cap limit) and he EU Sulphur Directive into national law, enforcing this through port state control and sanctioning violations with dissuasive fines, also for violations on the high seas.

The book is divided into Five Parts consisting of 19 chapters.

Part I contains chapters 1-6 where the general jurisdictional principles of UNCLOS and the overall frames of MARPOL, in particular MARPOL Annex VI, Port State Control (PSC), the EU Sulphur Directive and general principles of International Law.

Part II consists of chapter 7-13, which contain a detailed analysis of the specific obligations and extended rights of different States to enforce international (IMO) emission regulations on GHG and Sulphur, in accordance with the special provisions of part XII of UNCLOS.

Part III contains two chapters, chapter 14-15 relates to UNCLOS enforcement of IMO rules on Ballast Water, MARPOL Annex I-V etc. and the measures following the IMO GHG Strategy.

Part IV which contains chapters 16-18 offers – due to the increased environmental challenges relating to global warming and given the special legal status of ships – an analysis of whether an envisioned IMO regulation, in the future, could be considered the first environmental peremptory norm of a ‘jus cogens’ character within international law. And how that could give way for enforcement through Universal Jurisdiction, perhaps even mandatory enforcement following the Erga Omnes principle (otherwise subject to State Responsibility under ARSIWA).

Part V is the last part of the book and contains one chapter; chapter 19 entailing a conclusion.

The content of each chapter is further described here below.

Chapter 1
Introduction

Contains a brief introduction to the historic development of the MARPOL Convention and UNCLOS, the impact of air pollution on human health and the potential savings for shipowners in not complying with the regulations

The challenges faced regarding detecting emission violations are also described, e.g. through using monitoring systems attached to bridges, drones, helicopters, planes etc. handheld measuring devices and satellites.   

Chapter 2
MARPOL Annex VI

Provides a basic introduction to the relevant regulatory frameworks of Annex VI of the MARPOL Convention including the practical aspects on the regulation including the use of Exhaust Gas Cleaning Systems (scrubbers), FONARs (Fuel Oil Non Availability Report), BDN’s (Bunker Delivery Notes) and all the other aspects discussed by the IMO.  

Chapter 3
UNCLOS

Gives a basic introduction to UNCLOS focusing on the “normal” jurisdictions found in the first seven parts (chapters) of the Convention, e.g. coastal State waters (internal and territorial waters and EEZ) and flag State jurisdiction on the high seas.

Chapter 4
Port State Control

Analyses the practical enforcement of MARPOL Annex VI, in accordance with UNCLOS, through Port State Control, encompassing questions of detention and imposing monetary fines.

Chapter 5
EU Sulphur Directive

Examines the regional legislation under the European Union’s (EU’s) Sulphur and MRV Directive as the Directive has strong ties to MARPOL Annex VI.

Chapter 6
Basic Jurisdictions

Describes, as the final chapter of Part I, the basic jurisdictional principles of international law and how these relate to a State’s enforcement of international regulations. 

Chapter 7
Part XII of UNCLOS: Environmental Protection

Provides a general introduction to part XII of the Convention, including the possibility of adopting national legislation (e.g. on scrubber discharge) cf. art. 211 (and art. 235 in artic waters), and on air pollution cf. art. 212 and 222.

Chapter 8
Art. 217: flag States

Focuses on the extended flag State obligations referred to in article 217 of UNCLOS, including a requirement for effective enforcement of IMOs environmental regulation and subsequently informing hereof.

Chapter 9
Art. 220: coastal States

Lays out the extended jurisdiction for coastal States to enforce within own waters (e.g. in the EEZ) according to article 220, also by way of hot pursuit with a drone cf. art. 111.

Chapter 10
Art. 218: Port States

Analyses the all-important legal basis for port States to assert jurisdiction outside own waters over emission violations, e.g. on the high seas, according to article 218.  

Chapter 11
Art. 228(1):
Overlapping Jurisdiction

Offers an in-depth analysis of how article 228 governs questions of overlapping jurisdiction between States when enforcing environmental regulations in accordance with the legal basis of part XII. 

Chapter 12
Part XII:
Procedural Safeguards

Contains an overview of the procedural safeguards of part XII and the general principles of dispute resolution found within part XV of UNCLOS.

Chapter 13
Conclusion on UNCLOS Part XII enforcement of IMO Emissions rules

Conclusion on the Part II analysis, including how IMO rules on emissions, for example regulating GHG emissions under a fuel standard or Sulphur under the “IMO2020-Sulphur cap” can be effectively enforced, irrespective of where a violation may occur. Also, by non-flag States such as coastal and port States, including on the high seas.  

Chapter 14
UNCLOS Enforcement of other IMO rules

Applies the conclusions of the analysis in Part II to enforcement of other IMO environmental maritime regulations, such as MARPOL Annex I-V (which is described here) and the conventions on ballast water, anti-fouling, ship recycling etc. 

Chapter 15
UNCLOS Enforcement of IMO GHG Strategy

Puts the conclusions of part II into perspective in relation to the enforcement of the anticipated future international regulation of GHG emissions from ships, e.g. including measures on alternative fuels, revised EEDI, shore-power (cold ironing) etc. The work on the initial IMO GHG strategy is described here, followed by the later adopted revised GHG strategy as described here

Chapter 16
Jus Cogens and Erga Omnes description

Provides an overall introduction to the relevant terms of jus cogens, erga omnes and universal jurisdiction.   

Chapter 17 IMO Ban on fossil fuel through fuel standard first environmental jus cogens norm

Analyses the legal basis for assuming that an international environmental norm (regulation) can obtain status of being jus cogens.

Chapter 18:
Jus Cogens leading to Universal Jurisdiction, Erga Omnes and State Responsibility

Extrapolates the findings of chapter 17 on to an envisioned future IMO ban on the use of fossil fuel in the marine industry to determine if it could fulfill these previously established criteria. 

Also examines what the legal implications are in terms of deeming a ban of fossil fuels as the first environmental Jus Cogens Norm, including allowing for enforcement through Universal Jurisdiction, perhaps even mandatory enforcement following the Erga Omnes principle (otherwise subject to State Responsibility under ARSIWA).

Chapter 19: Conclusion

contains a overall summary and conclusion.  

The book can be purchased here: Bookshop