Can Free Trade Agreements Enhance MARPOL 73/78 Compliance?
Tulane Maritime Law Journal, Vol. 43. 2018, pp. 59-91
36 Pages Posted: 9 Oct 2018 Last revised: 9 Apr 2019
Date Written: October 3, 2018
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: Suggested Citation