선박온실가스 배출규제를 위한 국가책임과 이행방안에 관한 연구

Abstract

One of the most interesting and complicated issues in the 21st century is to protect and save the earth from natural disasters resulting from global warming via Greenhouse Gas Emissions(GHG). It has been an endeavor for mankind, in order to minimize the negative economic and social impact from climate change. However, human action in response to climate change is fundamentally a scientific, economic, and political challenge. The International Maritime Organization(IMO) - along with The United Nations(UN) - has played an important role in reducing Greenhouse Gas emissions in order to reduce the effects of climate change, establishing increased energy savings, as well as implementing an efficient system - in terms of sustainable development goals of the shipping industry for developing countries - according to Rio+20 declaration at the UN conference on sustainable development, from 20 June 2012 to 22 June 2012, “The Future We Want and Green Economy in the Context of Sustainable Development and Poverty Eradication”(A/conf.216/L.1).

In the report, “Second IMO GHG study 2009”(IMO, 2009), it is estimated that international shipping emitted 870 million tons of CO2, which corresponds to 2.7% of the global emissions during 2007. It is also expected to increase from 12% to 18% of the global total CO2 emissions from international shipping in 2050.

After the adoption of the mandatory regulations in relation to MARPOL 73/78 by the IMO Member States, about the technical and operational standards for the mitigation of emissions from ships, are recognizing the limitations of Greenhouse Gas reduction goals through technical and operation instruments and are expected to create a new mechanism, such as the various Market Based Mechanisms(MBM), in terms of another method of reducing the emission from ships in the future.

On the other hand, the United Nation Framework Climate Change Convention(UNFCCC) is taking into consideration that it should be emerged from the legally binding instruments for practical implementation after Post-Kyoto according to Ad-hoc working group Durban Platform(ADP).

In this context, as a result of the Conference of the Parties(COP) 16 in Cancun, Mexico in December of 2011, developed countries have a responsibility of collecting a hundred billion US dollars every year.

Some countries including developing countries and Non-Governmental Organizations(NGO), are expected to contribute to some of the budget from Maritime sectors, both the public and private sectors, in relation to Long-Term Finance(LTF). Pertaining to this matter, IMO member States are concerned about the need to discuss the money collections from international bunkering, in terms of sectoral approach, being a requirement.

However, in collecting a portion of the funds from Maritime sectors, there are still some unsolved problems as there are conflicts of differences between the principle of Common But Differentiate Responsibilities(CBDR) & Respective Capability(RC) of the UNFCCC and the principle of No More Favorable Treatment(NMFT) of the IMO. In particular, the matters of technical assistance, technology transfer for developing countries, how to collect the fund in terms of application methodology, burden sharing, and so forth are still in debate. Furthermore, in terms of international environmental law, the State's international obligations for efficiency implementation of Conventions, and further studies are needed to ensure effective Means of Implementation(MOI) through analysis and the comparison between these two Principles in order to prevent conflicts from arising.

Therefore, parties to the UNFCCC and the IMO Convention have a responsibility for taking necessary action on greenhouse gas regulations by taking into account the international legal implications and effects, and implementing the Convention’s principle of application in terms of conflict and harmony.

In order to support the above-noted, the purpose of these studies should be to review illegality under international law, establish the State’s responsibility, recognize the necessity for mandatory standards, challenges of applying international law to investigations, and identifying States’s responsibilities including the economic sanctions and international law in future countermeasures.

In addition, seeking implementation of the Treaty in terms of marginal comparison to the UNFCCC and the IMO Convention, legally binding MOI for the provision of transparency is absolutely necessary in the negotiation process and strategy.

In conclusion, the objective of this paper is to propose the amendments of the UNFCCC in order to give a legally binding MOI, taking into consideration the cost-effectiveness for Parties to carry out the ambition of mitigation, the global goal of adaptation, the compliance of all Parties of this Convention, to overcome the limitations of the Frame Convention of UNFCCC, and to have a powerful means of sanctions such as the IMO Member State Audit Scheme and Port State Control in the shipping sector.

Secondly, this studies proposes the amendments to the MARPOL 73/78 convention in order to lead the agreements with the intention of preventing conflicts among the applicable principles by giving over the State’s responsibilities and obligations in terms of implementation means, recognition of the paradigm shift from the international environment Convention to the economic Convention in accordance to international environmental law, such as the polluter pays the principle and the precautionary principle.

Additional amendments are proposed in order to impose the State’s responsibility in the field of technical transfer, capacity building and financial assistance in accordance with MARPOL 73/78 Annex VI & relevant resolutions, and for IMO member States to overcome the limitation of implementation of IMO convention by the vessels. Therefore, responsible action is required to be taken by the IMO member States.

Finally this study proposes that the IMO Assembly resolution provides cost-effective means of implementation, a legally binding agreement on Market Based Mechanism(MBM) on the basis of consensus, and a method to prevent conflict between developing and developed countries on the terms of principle application among historical and common responsibility, the Common But Differentiate Responsibilities(CBDR) & Respective Capability(RC) & equity, and No More Favorable Treatment(NMFT).