Pollution Substitution? Scrubbers and the Law of the Sea

Pollution Substitution? Scrubbers and the Law of the Sea Pollution Substitution? Scrubbers and the Law of the Sea Aldo Chircop Marine & Environmental Law Institute Dalhousie University, Halifax, Canada 1 (c) Chircop/WWF Webinar (2022) Introducing the problem Conclusion: Impact on Rectifying the marine UNCLOS non- compliance environment Outline What treaty law principles The UNCLOS should guide res. [...] • The new form of marine pollution raises issues of consistency with the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). [...] (c) Chircop/WWF Webinar (2022) • Art 1: Definition of pollution of the marine environment: How is • "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the UNCLOS marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living relevant? resources and marine life, hazard. [...] 8 (c) Chircop/WWF Webinar (2022) • Vienna Convention on the Law of Treaties, What treaty 1969: • “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.” (Art 26) law • “A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.”. [...] • MARPOL Art 9(2): “Nothing in the present the issue? Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the 9 Sea …” (c) Chircop/WWF Webinar (2022) Conclusion: • IMO Member States certifying EGCS systems are recommended to take steps to comply with their UNCLOS obligations to prevent Rectifying pollution of the marine e.