According to the findings of this study, nations should adopt uniform regulations regarding the discharge of washwater from exhaust gas cleaning systems into their ports, territories, and Exclusive Economic Zones. Scrubbers are used by ships to reduce their emissions of greenhouse gases so they can adhere to the International Maritime Organization’s limit on the sulfur content of ship fuel. The global upper limit was 0.5% in January 2020. Scrubber washwater is discharged into the ocean by ships. Toxic substances are present in the washwater for the scrubbers. The level of washwater for the scrubbers is governed by the 2008 and 2015 Guidelines for the Exhaust Gas Cleaning Systems. Regarding the washwater from the scrubbers’ effects on the marine environment and people’s health, there still is some uncertainty. The national level is also affected by this uncertainty. Currently, there are three main ways that nations implement policies for the use of scrubbers in their jurisdiction. First are nations like Egypt and Qatar, that have enacted outright bans on using scrubbers in their territorial waters. The second category consists of nations that only partially permit the use of scrubbers. Two different variations exist for this partial prohibition of scrubbers. First, nations restrict the use of scrubbers in specific internal water areas (Germany), or ports (Sweden and Finland). The second option for a partial prohibition (Argentina, China, and France) is to outlaw certain discharge and disposal methods involving open loops. The third and final category consists of countries that do not regulate the discharge of scrubbers. These nations either rely on the general legal regulations concerning ship pollution (Article 192-237 of the UNCLOS), or they adopt a complete permission standard for the discharge of scrubbers in their water. There are three Parts to this research paper. In particular, the transboundary harm of the washwater from the scrubbers is discussed in the first Part of the essay, along with who is responsible for conducting the investigation. Three key players in the marine environment are recognized by the UNCLOS. These actors are the flag state, the port state, and the coastal state, and this Part includes a discussion of each of their functions. In light of the growing number of nations regulating scrubbers’ washwater, it also discusses ways to harmonize their actions. The second Part covers the legal frameworks that the national regulatory body has adopted in relation to the washwater used by scrubbers. These four models contrast limited and unlimited bans, specific and general regulations, and binding and non-binding regulations. The answer to the problem of uncertainty is covered in the third Part. Two answers to the impending scientific uncertainty and the adoption of uniform regulations are put forth in the research.
Shams Al Din Al Hajjaji,
National Legal Models to Regulate Scrubbers Washwater,
46 Loy. L.A. Int'l & Comp. L. Rev. 87
Available at: https://digitalcommons.lmu.edu/ilr/vol46/iss2/1