Reduction of Emissions of Greenhouse Gas (GHG) from Ships - Prevention of Pollution of the Marine Environment from Vessels - page 115

the Organization to States, especially developing States, that request technical
assistance”. 71 Unfortunately, similar provisions of the MARPOL Convention
have not been properly implemented for other types of pollution. 72 According to
Regulation 23(2), “the Administration of a Party shall co-operate actively with
other Parties, subject to its national laws, regulations and policies, to promote the
development and transfer of technology and exchange of information to States
which request technical assistance, particularly developing States, in respect of the
implementation of measures to fulfill the requirements of chapter 4 of this annex, in
particular regulations 19.4 to 19.6”. 73 However, this regulation does not impose a
direct obligation for transfer technology and assistance. Moreover, it makes the
provision subject to national laws of the respective countries. Previous experience
regarding similar provisions of other IMO instruments does not show any ray of
hope for developing countries. 74
The proposal for introduction of MBMs received serious opposition from lead-
ing developing countries, mainly because of the non-implementation of CBDR
principle and lack of commitment for technology transfers. It is not at all surprising
considering that technology transfer- and assistance-related provisions of other
IMO marine environmental instruments have largely failed. For example, India
seriously opposed from the very beginning the introduction of MBMs on the basis
of IMO s no more favorable treatment. India was further of the opinion that the

GHG reduction targets for international maritime sector should be guided by the
principle established under the UNFCCC framework. 75 A similar view was shared
by another very powerful developing nation. China stated that an MBM for
international maritime sector should be guided by the objective of “using the
market as a means to enhance action related to financial resources and the transfer
of technology to support mitigation and adaptation activities of developing coun-
tries”. 76 Developing countries are of the view that developed countries should
transfer their technology and provide financial support to developing countries for
their capacity building so as to enhance their ability to satisfy any new
requirements.
However, a group of developed, developing and FOC States voiced a different
view. Cyprus, Denmark, Marshall Islands, Liberia, Nigeria, Republic of Korea and
IPTA 77

'

stated that reserving most of the revenues from MBMs for developing

71

MARPOL 73/78, Annex VI.

72

Karim ( 2010 ).

73

MARPOL 73/78, Annex VI.

74

Karim ( 2010 ).
75 Market-Based Measures—Inequitable burden on developing countries , IMO DOC. MEPC 61/5/
19 (2 August 2010).
76 Report of the third Intersessional Meeting of the working group on greenhouse gas emissions
from ships, IMO Doc. MEPC 62/5/1 (8 April 2011).
77 IMO, MEPC, The International Greenhouse Gas Fund - strengths and weaknesses , IMO Doc.
MEPC 62/5/33 (20 May 2011).