Freedom to Regulate the High SeasThe dual legal obligations imposed by the Paris Agreement and the UN Law of the Sea
February 2022“The Paris Agreement obliges countries to reduce emissions in line with the temperature goal of well below 2o C and to aim for only 1.5°C. One source of growing emissions is international shipping. If it were a country, international shipping would be the sixth largest GHG emitter in the world, responsible for more emissions a year than Germany.
“This report draws on analysis of international law to explore the legal implications of action by one state or multiple states outside the IMO on GHGs from the maritime sector. It finds that provided a few important legal and enforcement considerations are respected and built into the design of any policy measure, there are no legal obstacles to national or regional action, indeed, countries are obligated to take such action.
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