Fair at Sea: The Design of a Future Legal Instrument on Marine Bunker Fuels Emissions within the Climate Change Regime
Greenhouse gas emissions from international shipping fall beyond the scope of the existing climate change regime. The Kyoto Protocol, which elaborates the obligations as set out by the 1992 United Nations Framework Climate Change Convention, recognizes this concern by calling upon its parties to pursue limitation or reduction of bunker fuels emissions through the International Maritime Organization. This article suggests the adoption of a future legal instrument along the lines of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) governing air pollution from vessels. In this manner, the burden of enforcement of technical standards could be allocated taking equity considerations into account as spelled out by the climate change regime.