Legal

Legal study backs IMO authority on policing emissions

IMO already has the legal authority to implement and enforce policies to achieve climate target.

Published

5 years ago

July 1, 2018

A study conducted by Environmental Defense Fund and Columbia Law School’s Sabin Center for Climate Change Law finds the International Maritime Organization (IMO) already having legal authority to implement and enforce policies to achieve its new climate target.

The Legal Bases for IMO Climate Measures study finds IMO can – by simply amending its existing regulations – ensure speedy entry into force of climate measures, while ensuring the measures are legally binding, enforceable and implemented globally.

“This legal analysis shows there is a clear path open for the quick adoption of effective and enforceable policies to translate the shipping industry’s ambition on climate change into concrete policies,” said Aoife O’Leary, Legal Analyst at Environmental Defense Fund Europe and co-author of the analysis.

“The IMO has a long track record in adopting enforceable, impactful global measures and IMO policy on climate change should be no different.”

To evaluate what policies and measures the IMO could and should implement to meet the goals set out in its initial climate deal, the study addresses three legal issues:

Whether the IMO has legal competence to address greenhouse gases;
Whether the IMO has legal capacity to adopt measures such as: introducing a climate fund to support low carbon technologies or a carbon pricing measure, or setting up an independent body to assist with climate governance; and
How the IMO may enact these measures, e.g. via an amendment to an existing treaty, adoption of an entirely new treaty, or adoption of other legal instruments.

The analysis finds countries can and should adopt climate measures by amending the IMO’s International Convention for the Prevention of Pollution from Ships (MARPOL) – specifically Annex VI, which limits air pollutants from ships.

Countries at the IMO agreed in April to reduce international shipping’s greenhouse gas pollution by at least 50% by 2050 compared to 2008 levels, and to peak emissions as soon as possible.

“Meeting IMO’s climate goal will take significant commitment from the shipping sector, but it will not require a new treaty,” said O’Leary.

“With a smart set of policies and measures, such as new governance arrangements coupled with a cost for polluting, effective climate rules could come into effect within just two years.

“This speedy, elegant way for the IMO to establish climate policies should be welcome news to those concerned with addressing the urgent climate crisis.”

The full study can be found here.

Published: 2 July, 2018

Vessel Arrest

Malaysia: MMEA detains tanker for illegal anchoring in East Johor waters

Panama-registered vessel was operated by 17 crew members, aged between 21 to 58 years, from Pakistan, India and Bangladesh.

Published

5 hours ago

November 29, 2023

Admin

Malaysia: MMEA detains tanker for illegal anchoring in East Johor waters

The Malaysian Maritime Enforcement Agency (MMEA) on Tuesday (28 November) said a Panama-registered tanker has been detained for illegally anchoring in East Johor waters on 27 November.

MMEA Tanjung Sedili Zone acting director Maritime Cmdr Mohd Najib Sam said the tanker was detained by a patrol boat at 11am at 15.8 nautical miles northeast of Tanjung Penawar.

The captain of the vessel failed to produce any documents that permission had been obtained to anchor in Malaysian waters.

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The vessel was operated by 17 crew members, aged between 21 to 58 years, from Pakistan, India and Bangladesh.

The case will be investigated under Section 491B(1)(L) of the Merchant Shipping Ordinance 1952 for anchoring without permission. If found guilty, individuals may be fined not exceeding MYR 100,000 or face an imprisonment term of not more than two years, or both.

Manifold Times previously reported law firm Oon & Bazul LLP sharing on steps shipowners should keep in mind before anchoring and conducting STS operations in Malaysian waters to avoid detention.

Photo credit: Malaysian Maritime Enforcement Agency
Published: 29 November, 2023

Vessel Arrest

Singapore: Comoros-flagged container ship “Race I” placed under Sheriff’s arrest

Ship, formerly known as “Wisdom Grace”, was added to the list of vessels under Sheriff’s arrest in Singapore’s court system; arrest was made on behalf of Oon & Bazul LLP.

Published

1 day ago

November 28, 2023

Admin

Singapore: Comoros-flagged container ship “Race I” placed under Sheriff’s arrest

Comoros-flagged container ship Race I was arrested in Singapore waters on Friday (24 November).

The 18,193 DWT vessel, formerly known as Wisdom Grace, was added to the list of vessels under Sheriff’s arrest in Singapore’s court system.

According to the list, the vessel was arrested at 11.48pm and the arresting solicitor listed was law firm Oon & Bazul LLP. The ship is currently held at the Eastern Anchorage.

No details regarding the reason behind the arrest were provided in the list.

Photo credit: MarineTraffic / Frank-Peter Mecklenbeck
Published: 28 November, 2023

Winding up

Singapore: Final meeting scheduled for Teras Conquest 8 Pte Ltd

Final meeting of the company and creditors will be held at 8 Wilkie Road, #03-08 Wilkie Edge, Singapore 228095 through an audio-visual conference on 27 December.

Published

1 day ago

November 28, 2023

Admin

The final meeting of Teras Conquest 8 Pte Ltd has been scheduled to take place on 27 December, according to the company’s liquidators on a notice posted on Monday (27 November) on the Government Gazette.

The final meeting of the company and creditors will be held at 8 Wilkie Road, #03-08 Wilkie Edge, Singapore 228095 through an audio-visual conference at 10.30 am.

The meetings are being held for the purpose of having an account laid before the members showing the manner in which the winding up has been conducted and the property of the respective company disposed of and of hearing any explanation that may be given by the Liquidators.

The following are details of the liquidators:

Ng Kian Kiat
Goh Wee Teck
Liquidators
c/o 8 Wilkie Road
#03-08 Wilkie Edge
Singapore 228095

Photo credit: Drew Beamer
Published: 28 November, 2023