TY - JOUR
T1 - Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea
AU - Kerr, Baine
N1 - Funding Information:
As part of their effort to reduce greenhouse gas ( ghg ) emissions, the International Maritime Organization ( imo )’s member states are considering a mandatory fuel oil levy to fund the research and development of low and zero carbon shipping technology. The proposal would also create an International Maritime Research and Development Board ( imrb or Board) under the auspices of the imo Secretary-General that will distribute approximately $5 billion raised by the levy to governmental, academic, and private applicants. The program is supported by the shipping industry and a mix of developed and developing states. The Board’s draft terms of reference give it significant discretion to decide what projects are funded and whether there are intellectual property conditions attached to its grants.
Publisher Copyright:
© 2022 Baine P. Kerr.
PY - 2022
Y1 - 2022
N2 - The International Maritime Organization’s member states are considering a range of measures to reduce greenhouse gas emissions from shipping, including a fuel oil levy to fund low and zero carbon technology research and development. This article evaluates whether the International Maritime Organization is legally bound by the United Nations Convention on the Law of the Sea—in particular its Articles 203 and 278—despite the organization not being a party to the Convention and not having expressly accepted the obligations it imposes. The article critically analyses and applies the pacta tertiis principle and examines whether the relevant portions of the Convention constitute an ‘objective regime.’ It then considers what viewing the Convention as binding would mean for the imo’s implementation of the proposed levy and its other climate measures, and how doing so could help unify the climate and maritime legal regimes.
AB - The International Maritime Organization’s member states are considering a range of measures to reduce greenhouse gas emissions from shipping, including a fuel oil levy to fund low and zero carbon technology research and development. This article evaluates whether the International Maritime Organization is legally bound by the United Nations Convention on the Law of the Sea—in particular its Articles 203 and 278—despite the organization not being a party to the Convention and not having expressly accepted the obligations it imposes. The article critically analyses and applies the pacta tertiis principle and examines whether the relevant portions of the Convention constitute an ‘objective regime.’ It then considers what viewing the Convention as binding would mean for the imo’s implementation of the proposed levy and its other climate measures, and how doing so could help unify the climate and maritime legal regimes.
KW - International climate change law
KW - international organizations
KW - third-party obligations
KW - objective regimes
KW - law of the sea
KW - International Maritime Organization
UR - http://www.scopus.com/inward/record.url?scp=85143172943&partnerID=8YFLogxK
U2 - 10.1163/15723747-19020006
DO - 10.1163/15723747-19020006
M3 - Article
SN - 1572-3739
VL - 19
SP - 391
EP - 422
JO - International Organizations Law Review
JF - International Organizations Law Review
IS - 2
ER -