Reduction of Emissions of Greenhouse Gas (GHG) from Ships - Prevention of Pollution of the Marine Environment from Vessels - page 114

6.5 The Issues Concerning the CBDR Principle, Assistance,
and Technology Transfer

It was proposed in MEPC 57, held in 2008, that the future IMO regulations will be
“binding and equally applicable to all flag States in order to avoid evasion.” 64 This
proposition received serious reservation from developing countries. Developing
countries stated that they preferred that any measures to be adopted by IMO should
only be applicable to Annex I parties to the UNFCCC and its Kyoto Protocol in
accordance with the CBDR Principle. Nevertheless, a majority supported the above
principles. 65 According to Article 2(2) of the Kyoto Protocol, the parties included in
Annex 1 shall pursue limitation or reduction of emissions of greenhouse gases from
marine bunker fuels, working through the IMO. This provision of the Kyoto
Protocol is mainly guided by the CBDR Principle. However, the IMO follows the
principle of non-discrimination and equal treatment of all vessels irrespective of
their nationality. The IMO s policy of equal treatment is arguably justifiable given

the reality in the international maritime sector that the majority of global vessels fly
the flag of developing countries. 66
The CBDR principle and the non-discrimination principle were the central issue
of conflict between some leading developing and developed countries. 67 China,
Saudi Arabia and South Africa submitted that “the UNFCCC and its Kyoto Protocol
are the outcomes of long and hard work by all involved countries. They reflect the
broad consensus among all parties and serve as the legal basis and guide for
international cooperation on combating climate change”. 68 The CBDR Principle
is the cornerstone of international climate change law, 69 and these developing
countries are of the opinion that introducing the same responsibilities to ships flying
the flag of developing countries is a clear deviation from the CBDR Principle as
established by the UNFCCC and its Kyoto Protocol. 70 Nevertheless, the Member
States decided that the Energy Efficiency Regulations will be applicable for all
vessels irrespective of their nationality. However, the Energy Efficiency Regula-
tions include the CBDR Principle in another way. According to Regulation 23
(1) “Administrations shall, in co-operation with the Organization and other inter-
national bodies, promote and provide, as appropriate, support directly or through

'

64

Report of the Marine Environment Protection Committee on Its Fifty-Seventh Session , IMO
Doc. MEPC 57/21 (7 April 2008) 53.
65

Report of the Marine Environment Protection Committee on its 57th Session , IMO Doc. MEPC
57/21 (7 April 2008).
66

Institute of Shipping Economics and Logistics, Shipping Statistics and Market Review
55 (11) (2011) at 5.
67 Karim and Alam ( 2011 ).
68 Comments on the Proposed Mandatory Energy Efficiency Regulations, Submitted by China,
Saudi Arabia and South Africa, IMO Doc MEPC 62/5/10 (5 May 2011).
69 Ibid.
70 Ibid.