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National Legal Models to Regulate Scrubbers Washwater

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National Legal Models to Regulate Scrubbers Washwater

Author: Shams Al-Hajjaji


Publisher: Nashwa

Publication Date: Nov 17, 2023

Country: Egypt

Language: English

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Abstract

According to the findings of this study, nations should adopt uni-
form 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 green-
house gases so they can adhere to the International Maritime Organiza-
tion’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 par-
tially 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 Fin-
land). 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 gen-
eral legal regulations concerning ship pollution (Article 192-237 of the

UNCLOS), or they adopt a complete permission standard for the dis-
charge of scrubbers in their water.

There are three Parts to this research paper. In particular, the trans-
boundary 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 recog-
nized 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 func-
tions. 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.

Description

Volume 46 Number 2