Negotiations on GHG emissions from international marine and aviation bunkers: Issues and concerns

Abstract

The Kyoto Protocol (KP) is a protocol to the United Nations Framework Convention on Climate Change (UNFCCC or FCCC), and primary tool aimed at combating global warming and climate change. The KP does not cover emissions from international bunkers and in its paragraph 2.2 directs Annex I countries to pursue reduction of GHG emissions from marine and aviation bunker fuels by ‘working through’ IMO (International Maritime Organization) and ICAO (International Civil Aviation Organization) respectively. Getting the mandate from UNFCCC, IMO and ICAO have been leading the discussions on formulating a regime to address the GHG (greenhouse gas) emissions from shipping and aviation respectively. However, there are differences on the issue of coverage of emissions from international bunkers (aviation and shipping) and especially the scope of the application of market based measures. Some of the nations want the global application of measures based on the ‘no more favourable treatment principle‘ (which was adopted in 1982 in the Paris memorandum of understanding on port state control and proposes ‘flag neutrality’) in the case of shipping and Chicago Convention in the case of aviation. On the other hand, other nations want the adoption of CBDR (common but differentiated responsibility) principles in any proceeding on the matter. The debate has entered into a deadlock. The paper discusses this issue of the coverage of GHG emissions from international marine and aviation bunkers and brings to light the various discussions that have happened on the same. An attempt has been made to identify the problem associated with the issue and finally some recommendations have been made.