Applying the polluter-pays principle to mitigate greenhouse gas emissions in shipping : potential and challenges

Abstract

This study conducts a comprehensive analysis of the potential and legal challenges of applying the polluter-pays principle (PPP) as an alternative strategy for reducing greenhouse gas (GHG) emissions from shipping. An extensive literature review is initially carried out to establish the theoretical basis, and a subsequent questionnaire survey was conducted to collect insights and concerns from industry stakeholders regarding both the current International Maritime Organisation measures and the potential challenges of applying the PPP in the context of GHG emissions from shipping. The results demonstrate the stakeholders’ concerns regarding shipping-related GHG emissions, and perspectives about the potential for the PPP to be applied as a regulatory tool to address GHG emissions from shipping. However, alarms about several practical issues are also raised, including the necessity for considering the Beneficiary Pays Principle when identifying polluters. The findings provide informed recommendations for employing the PPP for its regulatory influence on mitigating shipping GHG emissions, as well as the pollution law in a broader context.