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Lloyd's Maritime and Commercial Law Quarterly

INTERNATIONAL MARITIME LAW

Simon Baughen*

INTERNATIONAL CONVENTIONS

261. Convention on the Legal Status of the Caspian Sea (Regional Agreement)

On 12 August 2018, the five Caspian states—Russia, Iran, Turkmenistan, Kazakhstan, Azerbaijan—signed the Convention on the Legal Status of the Caspian Sea. The surface of the Caspian is treated as a sea and the five states are granted jurisdiction over 15 nautical miles of water from their coasts and fishing rights over an additional ten miles. However, allocation of the seabed and its mineral deposits is left to the five countries to agree on a multilateral basis. Pipelines along the seabed may be constructed, with the approval of the countries whose seabed they cross, subject to environmental conditions. The Convention forbids deployment of military vessels by non-Caspian countries in the waters of the Caspian.

262. Initial strategy on reduction of greenhouse gas emissions from ships (IMO)

On Friday, 13 April 2018, at the 72nd session of the IMO’s Marine Environment Protection Committee (“MEPC”), a meeting attended by 100 states, the IMO adopted an initial strategy on the reduction of greenhouse gas emissions from ships, setting out a vision to reduce Greenhouse Gas (“GHG”) emissions from international shipping and phase them out, as soon as possible, in this century. The initial strategy envisages a reduction in the total annual GHG emissions by at least 50 per cent by 2050, compared with 2008, while, at the same time, pursuing efforts towards phasing them out entirely. The strategy sets a carbon intensity reduction target—the amount of emissions relative to each tonne of shipping cargo—of at least 40 per cent by 2030, rising to 70 per cent by 2050. The strategy includes a specific reference to “a pathway of CO2 emissions reduction consistent with the Paris Agreement temperature goals”.
The MEPC agreed to hold the fourth Intersessional meeting of the Working Group on Reduction of GHG emissions from ships later in 2018. This working group was tasked with developing a programme of follow-up actions to the Initial Strategy; further considering how to progress reduction of GHG emissions from ships in order to advise the committee; and reporting to the next session of the MEPC (“MEPC 73”), which met 22–26 October 2018. Two proposals were put forward at MEPC 73 which would have resulted in an immediate impact on reducing shipping’s GHG emissions—capping ship speeds and higher efficiency standards for new build container ships from 2022—but neither was approved. Further work on this issue will continue in 2019 in MEPC 74.

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