선박배출온실가스 감축을 위한 기술・운항・시장 조치에 관한 법제 연구

Abstract

Global warming caused by climate change has become global concern and IMO is making many efforts to reduce Greenhouse Gas from international shipping.

MARPOL Convention had been amended by IMO and introduced requirements of EEDI as technical measures and SEEMP & EEOI as operational measures. However, EEDI applies only for new ships alone as mandatory requirements, which is not considered helpful for reducing greenhouse gas emission from international shipping. To substantially reduce greenhouse gas emissions from international shipping, it is believed to be the most effective to mandatorily apply MBM and EEOI as a means for efficient operation of MBM.

However, before this, adjusting interest of stakeholders is required as the most fundamental prerequisite for legislation. It seems hard to make a compromise among stakeholders with the idea of making MBM and EEOI mandatory based on “polluter pay's principle” which means that the international shipping industry should pay all the efforts and cost to reduce greenhouse gas emission from international shipping.

In order to review the above mentioned study, the author carried out a serious of research process as follows:

In the first place, for a legal research on technical measure, operational measure and market-based measure to reduce greenhouse gas emissions from ships, this study has reviewed the international efforts of greenhouse gas emission reductions particularly in UNFCCC, Kyoto Protocol, ICAO and IMO, which has the ultimate objective to achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.

Secondly, this study has reviewed technical measure(EEDI) and operational measure(EEOI and SEEMP) which are implemented by IMO and has also reviewed the various measures which would be applicable to real ships to reduce greenhouse gas emissions. And also this study has analyzed and reviewed the discussions on MBM based on EEDI, EEOI and SEEMP, and IMO's MBM proposals. Through this study, it was confirmed that MBM should be introduced to effectively reduce greenhouse gas emissions from international shipping and that the harmonization of technical measure and operational measure is important to efficiently implement MBM.

Thirdly, as the legal review on the reduction of greenhouse gas emission from ships, this study has suggested some legislation methods such as amendment to existing MARPOL 73/78 Annex VI for technical measure and operational measure, the development of additional Annex in MARPOL 73/78 and establishment of new convention.

Lastly, this study has suggested the legislation proposal for the introduction of market principles, and also 'Beneficiary Pays Principle' to peacefully settle the mediation of an interest between developed countries and developing countries and the introduction of a scheme to raise the GHG Fund of international shipping. Moreover, this study has suggested the institutionalization for the domestic legislation based on the international legislation proposed so far, for the development and advancement of Korean shipping industry.

On the basis of this research process, I reached a conclusion that EEOI and MBM should be mandatorily introduced to substantially reduce greenhouse gas emissions from international shipping activities. There might be various ways to make the EEOI and MBM mandatory such as adoption of new convention, amendment to MARPOL 73/78, amendment to relevant protocol or amendment to the circular specifying relevant technical standard. However, it would take too much time to make every possible methods mandatory through the legislative procedures with clear legal backgrounds. Therefore, this study has sought the way to reduce the time as short as possible.

In addition, to introduce MBM as a mandatory requirement MRV system should be introduced in advance to monitor correct greenhouse gas emissions from international shipping and there should be harmonization of MBM and EEOI to implement MBM efficiently. For the harmonization, it should be ensured that no ship should be placed in a disadvantageous position through the nature of MBM and EEOI which are intended for all kinds of greenhouse gas emitted by ships. The further study and review for technical aspects such as the method of dividing the ships into groups by ship types and implementing MBM by each divided groups or applying correction factor to ships in a disadvantageous position might prevent any unfair treatment to such ships.

Although the agreement among stakeholders is a precondition for legislation, the cause of delay of MBM discussion is identified as 'Polluter Pays Principle' which is a fundamental principle of environmental laws. It seems hardly possible to reach an agreement to make MBM mandatory through current framework of settling the costs and efforts to reduce greenhouse gas emissions from international shipping within the scope of international shipping. Therefore this study suggests to change such current framework and to adopt the 'Beneficiary Pays Principle' which used by IOPC Fund.

The application of 'Beneficiary Pays Principle' would make progress in making MBM mandatory and also settles the conflict of interests among the parties concerned with the change from the regulation only for shipping industry to that for traders concerned as well as whole mankind by applying common but differentiated responsibility. In addition, by introducing the 'Beneficiary Pays Principle', it is expected to make MBM mandatory most quickly through the adoption of new convention and making EEOI mandatory by amending the regulation 22 of MARPOL 73/78 Annex VI which would be the most clear way in the process of legislation of EEOI and MBM.

In conclusion, the technology to develop the means of supplementation is needed to introduce EEOI and MBM, and financing for R&D is required to complete the research in view of the ship's operational aspects as soon as possible. For the purpose, this study suggests a method which considers the fleet tonnage and interest in providing international shipping by each country with combining NMFT principle and CBDR principle.