About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

47 Tul. Mar. L.J. 185 (2023)
Coastal State vs. Flag State: Countries' Mitigation of Environmental Harm from Scrubbers?

handle is hein.journals/tulmar47 and id is 213 raw text is: TULANE MARITIME LAW JOURNAL VOLUME 47 SPRING 2023 NUMBER 2 Coastal State vs. Flag State: Countries' Mitigation of Environmental Harm from Scrubbers? Shams Al-Hajjaji* This research argues that countries should adopt unifed regulations regarding the release of the wash water from the Exhaust Gas Cleaning Systems in their port, territorial, and Exclusive Economic Zone (EEZ). Ships use scrubbers to decrease their greenhouse gases emission in order to comply with the International Maritime Organization sulphur content of ships'fuel limit. In January 2020, the global upper limit reached 0.5%. Ships release scrubbers' wash water (SWW) into the sea. The SWW includes toxic materials. The 2008 and 2015 Guidelines for the Exhaust Gas Cleaning Systems regulates the level of the SWW However, there is uncertainty related to the SWW harm to the marine environment and human health. This uncertainty reflects as well on the national level. Currently, countries fall under one of three main categories. The first is countries that adopt a complete ban against using scrubbers in their territorial water; such as Egypt and Qatar The second is countries that partially ban the use of scrubbers. The second form is a ban against the type of the discharge/disposal from open loop discharge (Argentina, China, and France). The third type is countries that do not regulate the discharge ofscrubbers. Hence, this research is divided into three Parts. After a brief Introduction, Part II tackles who bears the responsibility to investigate environmental harm, especially the transboundary harm of the scrubbers'wash water Part III deals with the legal models that are adopted by the national regulations related to SWW These models are (1) limited ban, versus unlimited ban, (2) specific regulations, versus general regulations, and finally (3) binding, versus non-binding regulations. Part IV deals with the solution to the uncertainty. I. INTRODUCTION .............................................................................. 186 II. UNCERTAINTY ON THE INTERNATIONAL LEVEL: COASTAL/ PORT STATE VERSUS FLAG STATE................................................ 192 * © 2023 Shams Al-Hajjaji is postdoctoral research associate at The Walther Schicking Institute for International Law at the University of Kiel, Germany. This Article is a part of the ShiptTrase project and was funded jointly by Belmont Forum (USA) and the Federal Ministry of Education and Research (Germany). 185

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most