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Abstract
Article 82 of the United Nations Convention on the Law of the Sea is a novel provision introducing the first-ever international royalty on production from non-living resources within national jurisdiction, specifically from the extended continental shelf as defined in Article 76. Article 82 has several textual ambiguities that could pose a challenge for its interpretation and implementation by both affected coastal States and the International Seabed Authority. The Authority is responsible for receiving payments or contributions in kind and for effecting their distribution to States Parties to the Convention, especially developing countries, in accordance with equitable criteria. The Authority has launched initiatives to help focus attention on the provision and to enhance its understanding and facilitate implementation. Article 82 is expected to be first activated on Canada’s extended continental shelf off Newfoundland in the Northwest Atlantic. In implementing Article 82 Canada faces domestic political, economic and legal challenges, in addition to the textual ambiguities. This chapter discusses the major issues and underscores the important leadership and precedential role played by Canada in domesticating Article 82 and developing a relationship with the Authority on this matter.
Abstract
In 2018 the IMO adopted the initial Strategy for the international shipping industry’s reduction of global greenhouse gas emissions towards achieving the goal set in the 2015 Paris Agreement. At this time the Strategy is no more than a preliminary structure to frame the measures that will need to be adopted for the short, medium and long terms. In the short term (2018–2023) a first suite of measures will be adopted, and the initial Strategy will be revised and adopted as changed in 2023 with proposed measures for the medium term (2023–2030) and long term (2030–2050 and beyond). New international standards, tools and best practices will be needed to supplement the existing energy efficiency management rules in the International Convention on the Prevention of Pollution from Ships, 1973/78. This article discusses the Strategy and the role of the IMO in leading the shipping industry on the road to decarbonization.