A Study On Implementation Of Ship Sulfur Oxide Emission Control In China

In the context of the mandatory implementation audit mechanism of the International Maritime Organization(IMO),the limits of sulfur in Marine fuel stipulated by the International Convention for the Prevention of Pollution from Ships(MARPOL)are in effect worldwide and have been included in the non-exhaustive list of mandatory audit.Based on this,it is of practical significance to study the implementation status of ship sulfur oxide emission control in China in recent years and the related problems emerging during this period.Through the introduction of the IMO implementation mechanism and mandatory audit mechanism,this thesis puts forward the special requirements for the implementation of ship sulfur oxide emission control,and then discusses the implementation legislation,participants and the supervision and implementation,and evaluates the existing problems in China’s current implementation,and puts forward suggestions.This thesis is divided into four chapters.The first chapter is the overview of ship sulfur oxide emission control performance.It mainly introduces the international legal basis of ship sulfur oxide emission control.Starting from the general requirements for the performance of international maritime conventions and the special requirements for the performance of ship sulfur oxide emission control,the implementation mechanism of sulfur limitation of ships is established under the requirements of IMO implementation mechanism and mandatory audit mechanism.The second chapter is the implementation legislation of ship sulfur oxide emission control in China.It mainly studies the implementation legislation of the mainland,Hong Kong,Macao and Taiwan and points out that there are some problems in China,such as the lack of transformation and application form,the lack of foresight in the content of implementation legislation and the imperfect mechanism of implementation legislation system.In order to solve these problems,the author suggests that we should focus on the IMO implementation mechanism,clarify the transformation and application mechanism of China,and further improve the release and evaluation and improvement of the content of implementation legislation,and enrich the implementation methods,so as to build a systematic mechanism of maritime convention implementation legislation and provide an institutional basis for ship sulfur oxide emission control implementation.The third chapter is the participants of ship sulfur oxide emission control in China.The participants in China’s ship sulfur oxide emission control are divided into supervision subjects dominated by maritime management institutions and auxiliary subjects such as ship inspection institutions,fuel producers and suppliers and shipping enterprises.It is pointed out that at present,China’s supervision subjects still have deficiencies in supervision means,team construction and department coordination,and the auxiliary subjects still have imperfect services,insufficient supply of low sulfur fuel The existence of high operating costs of shipping enterprises.In view of the current problems of the subject of implementation,the author suggests that the supervision subject should strengthen the construction of the inspector team by means of professional training,joint training and talent sharing,constantly use new technologies to improve and innovate supervision means,strengthen the overall planning and coordination among departments,and carry out joint law enforcement;For auxiliary subjects,we should give full play to the strength of non-governmental organizations,encourage industry autonomy,and combine reward and punishment mechanisms to realize pluralistic co governance under IMO implementation mechanism.The fourth chapter supervision and implementation of sulfur oxide emission control from Chinese ships.From the three aspects of flag state supervision,coastal state supervision and port state supervision,this thesis analyzes the main measures taken by China in the supervision and implementation of ship sulfur oxide emission control compliance,and puts forward that China’s implementation management system as a flag state is imperfect,especially in the management of convenience flag,which has a great obstacle to the realization of ship sulfur oxide emission control,and there are defects in the implementation measures and inspection standards of port state supervision.As a coastal state,the supervision and implementation coverage is limited,and there is ambiguity with the identification of the right of innocent passage in the field of ship pollution.In this regard,the author suggests that we should further improve the management system of China’s performance supervision and implementation,strengthen the management of the flag of convenience ships,clarify the boundary of innocent passage right,and ensure the operation of the implementation mechanism of ship sulfur oxide emission control in China.