a1 Macquarie Law School, Macquarie University, Australia
Article 2(2) of the Kyoto Protocol imposes an obligation only on certain developed countries, working through the International Maritime Organisation (IMO), to pursue the reduction of greenhouse gas (GHG) emissions from marine bunker fuels. The IMO recently took the initiative to adopt a new legal instrument for the reduction of ship-generated greenhouse gas emissions. Some developing countries have suggested that the proposed IMO initiative should strictly adhere to Article 2(2) of the Kyoto Protocol and the principle of Common but Differentiated Responsibility (CBDR). Against this backdrop, this article intends to review the extent to which it is possible to propose an international legal instrument for the reduction of GHG emissions from marine bunker fuels which is applicable only to ships from developed countries considering the complex characteristics of the international shipping industry. This article also examines how far this approach is justifiable even within the framework of the CBDR principle.
(Online publication November 19 2010)
* PhD candidate, Macquarie Law School, Macquarie University. Advocate (Bangladesh). The authors would like to thank Benjamin Vincents and Donald McGillivray for their valuable comments on earlier drafts.
† Senior Lecturer, Macquarie Law School, Macquarie University.