State jurisdiction over vessel source emissions: implementation in China

摘要

The task of regulating emissions from merchant ships has become more stringent than ever, particularly given the effectiveness of Sulphur Cap 2020. States are not only empowered but also obliged to take emission abatement actions within the framework set by several international instruments. The effectiveness of these international instruments depends very much on their implementation by the states. This paper aims to reveal and evaluate the implementation of emission abatement measures (EAMs) in China as a flag, coastal and port state, through the exercise of its prescriptive and enforcement jurisdiction under international law. After an extensive review and consultation with experts, this paper finds that China has sufficiently exploited its prescriptive jurisdiction through the processes of legislation. Yet, the both provisions of the Chinese laws and the empirical evidence suggest the need of a more detailed protocols to enforce the Chinese EAMs to achieve the desired deterrent effect. Currently, technological restrictions of the emission detecting devices remain to be a significant hurdle to enforce jurisdiction over vessel source emissions.