Can Free Trade Agreements Enhance MARPOL 73/78 Compliance?

Tulane Maritime Law Journal, Vol. 43. 2018, pp. 59-91

Sydney Law School Research Paper No. 18/62

36 Pages Posted: 9 Oct 2018 Last revised: 9 Apr 2019

See all articles by Jie (Jeanne) Huang

Jie (Jeanne) Huang

The University of Sydney Law School

Jiaxiang Hu

KoGuan Law School, Shanghai Jiao Tong University

Date Written: October 3, 2018

Abstract

Whether Free Trade Agreements can effectively encourage states to comply with the International Convention for the Prevention of Pollution from Ships and its Protocols. This question has not been well researched, although the latter has been incorporated into the former since the U.S.-Peru FTA in 2006 and most recently in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in 2018. This paper explores the FTA’s achievements and deficiencies to enhance marine environment protection from four aspects: flags of convenience, the vague role of coastal states, affecting trade or investment, and dispute resolution. This paper concludes with proposals to address the deficiencies.

Keywords: Free Trade Agreement, Vessel-sourced Pollution, CPTPP, MARPOL 73/78, Marine Environment Protection, UNCLOS

JEL Classification: K10, K30, K33

Suggested Citation

Huang, Jie (Jeanne) and Hu, Jiaxiang, Can Free Trade Agreements Enhance MARPOL 73/78 Compliance? (October 3, 2018). Tulane Maritime Law Journal, Vol. 43. 2018, pp. 59-91, Sydney Law School Research Paper No. 18/62, Available at SSRN: https://ssrn.com/abstract=3259734

Jie (Jeanne) Huang (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Jiaxiang Hu

KoGuan Law School, Shanghai Jiao Tong University ( email )

1954 Huashan Rd
Shanghai, 200030
China

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