The Legality of Revenue Disbursement from an Economic Measure Agreed at the International Maritime Organization for Purposes Other than the Decarbonisation of International Shipping

This analysis fills a gap in the existing legal literature on the adoption of a greenhouse gas (GHG) pricing mechanism at the International Maritime Organization (IMO or Organization). First, it investigates whether the adoption of a GHG pricing mechanism which includes the potential use of funds for purposes aside from the decarbonisation of international shipping is within the general competence of the IMO. Providing an affirmative interpretation, it then considers the adoption of such a measure as an amendment to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). The analysis concludes that a broad interpretation of MARPOL is permissible and that, subject to political will, the legal basis for a GHG pricing mechanism which includes the potential for funds to be disbursed for purposes other than the decarbonisation of international shipping could be included within MARPOL. Furthermore, the analysis indicates that scenarios in which funds are disbursed outside of the international shipping sector, in conjunction with funding used within the sector, better place Member States to fulfil the objectives of the 1948 Convention of the International Maritime Organization (IMO Convention) as well as other relevant rules of international law, such as the United Nations Convention on the Law of the Sea (UNCLOS).