Legal Considerations on the Regulation of Use and Carriage of Heavy Fuel Oil in the Arctic Ocean

Abstract

A significant number of vessels that are currently navigating in or through Arctic waters use or carry heavy fuel oil (HFO). HFO is a general term used to describe a number of inexpensive but highly pollutant, long lasting fuels that, when used, produce ozone-depleting substances and greenhouse, as well as black carbon, which also contributes to climate change. HFO also produces noxious airborne emissions such as sulphur oxides (SOx) which are detrimental for human health. This Thesis examines the international legal framework that can be utilized in order to regulate the use and carriage of HFO in the Arctic Ocean. To that end, it analyzes the international rules that are today in place, i.e. the Law of the Sea Convention and the relevant IMO Conventions and Regulations. It also provides for a brief discussion of the negotiations that are ongoing (at the time of the writing) in IMO, in order to ban the use and carriage of HFO in the Arctic. Subsequently, the Thesis examines the possibilities for unilateral action by States in their capacity as flag States, coastal States and port States in order to effectively regulate HFO use and carriage. In this vein, the Thesis provides for two case-studies of the practice of Iceland and Norway, the two Arctic States that, at the time of writing, had adopted legislation on the regulation of HFO use and carriage.