Advancing International Shipping Liability on Greenhouse Gasses Emission Through Port-State Jurisdiction

Abstract

The international shipping industry played a role in climate change, responsible for a substantial share of GHG emissions, yet remains insuf9iciently regulated in terms of control and obligations. This article explores the evolving legal landscape in maritime environmental governance, particularly following recent advisory opinions from ITLOS and ICJ, which classify anthropogenic GHG emissions as a form of marine pollution under UNCLOS 1982. The discussion highlights the strategic role of Port State jurisdiction and Port State Control (PSC) under existing legal instruments like the UNCLOS 1982 and Annex VI of MARPOL. The article further considers how customary international law principles, including sovereignty and the obligation erga omnes reinforce state unilateral or regional enforcement efforts beyond the scope of existing international regulations. Ultimately, the paper argues for a more robust and cohesive legal approach that empowers Port States, strengthens liability allocation, and supports global climate mitigation objectives especially in international shipping sector.