UNCLOS

The purpose of this image (picture), showing a new legal, groundbreaking enforcement practice, 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.

Enforcement of IMOs GHG Strategy

Enforcing an IMO fuel Standard Through principles of Jus cogens, Erga omnes and universal jurisdiction

As described in further detail on the page about the International Maritime Organization (IMO) as seen here: What is the IMO, a revised IMO GHG Strategy was adopted in 2023 entailing the implementation of mandatory measures in the form of mid- and long-term GHG reduction measures which will comprised of both:

  • A technical element, namely a goal-based marine fuel standard regulating the phased reduction of the marine fuel’s GHG intensity; and
  • An economic element, on the basis of a maritime GHG emissions pricing mechanism.

Regarding the first element on adopting a fuel standard, the book envisions that not only can the continued standards be enforced in accordance with UNCLOS (particular Part XII), but – if the Fuel Standard sets a final limit that entails a complete ban on fossil fuel – the implications could be (as I describe in the last part of my book, see here: LINK) that this requirement could become the first environmental norm of a Jus Cogens (Peremptory Norm) nature, leading to mandatory enforcement under the Erga Omnes principle which is possible through application of Universal Jurisdiction

In short, part IV (chapter 16-18) of the book seeks to establish that case law from the International Court of Justice (ICJ) and official conclusions from the UN’s International Law Commission (ILC) clearly indicate that the jus cogens principle can encompass environmental protection if it relates to pollution that can threaten human existence.

A stance which has since been confirmed by the International Tribunal for the Law Of the Sea (ITLOS’) advisory opinion no. 31 (2024) on climate change, stating that this (climate change/GHG pollution from shipping) presents a danger to human life and habitation.

Many different scientific studies have shown the deleterious effects of global warming on the environment – due to manmade GHG pollution – and how this has direct adverse effects on human health and on the surrounding conditions needed for sustaining human life which establishes the need link between the ICJ/ITLOS/ILC requirements and “GHG” as a form of pollution which can meet these conditions.

It is thus, through the analysis of the ILC texts and ICJ caselaw, concluded on whether a future IMO prohibition on the use of fossil fuel could meet these criteria and therefore be considered the first accepted peremptory environmental norm of a jus cogens character.

This would have immense consequences in terms of enforcement i.e. broadening the jurisdictional rights and obligations of coastal and port States for enforcing against foreign ships, also when ships doing innocent passage or transiting an international strait or Exclusive Economic Zones, by conferring jurisdictional rights for all States to enforce following the principle of Universal Jurisdiction, but also obligating all States (including flag States) to enforce due to such a “jus cogens” norm also being subject to a erga omnes norm. 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.

All this, and more, is described in part IV of the book “Enforcing International Maritime Legislation on Air Pollution through UNCLOS”, which you can read more about here: Book About UNCLOS