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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 A1-Hajjaji* This research argues that countries should adopt unified regulations regarding the release of the wash waterflom 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 SWWincludes toxic materials. The 2008 and 2015 Guidelinesfor the Exhaust Gas Cleaning Systems regulates the level ofthe 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, countriesfall under one ofthree main categories. Thefirst 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 secondform is a ban against the type ofthe 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 ofthe scrubbers'wash water PartIdeals 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. IN TRO DUCTION .............................................................................. 186 II. UNCERTAINTY ON THE INTERNATIONAL LEVEL: COASTAL! PORT STATE VERSUS FLAG STATE................................................ 192 * C2023 Shams Al-Hajjaji is postdoctoral research associate at The Walther Schitcking 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

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