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A Case Study of the Implementation and Enforcement of MARPOL Annex VI Sulphur Regulations in Kenya

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A Case Study of the Implementation and Enforcement of MARPOL Annex VI Sulphur Regulations in Kenya World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 11-3-2019 A case study of the implementation and enforcement of MARPOL Annex VI sulphur regulations in Kenya Annette Wangari Muriithi Follow this and additional works at: https://commons.wmu.se/all_dissertations Part of the Sustainability Commons, and the Transportation Commons Recommended Citation Muriithi, Annette Wangari, "A case study of the implementation and enforcement of MARPOL Annex VI sulphur regulations in Kenya" (2019). World Maritime University Dissertations. 1122. https://commons.wmu.se/all_dissertations/1122 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden A CASE STUDY OF THE IMPLEMENTATION AND ENFORCEMENT OF MARPOL ANNEX VI SULPHUR REGULATIONS IN KENYA By ANNETTE WANGARI MURIITHI Kenya A dissertation submitted to the World Maritime University in partial fulfilment of the requirement for the award of the degree of MASTER OF SCIENCE In MARITIME AFFAIRS (MARITIME LAW AND POLICY) 2019 Copyright: Annette MURIITHI, 2019 Declaration I certify that all the material in this dissertation that is not my own work has been identified, and that no material is included for which a degree has previously been conferred on me. The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University. (Signature): (Date): 24 September 2019 Supervised by: Associate Professor María Carolina Romero Lares Supervisor’s affiliation: Maritime Law and Policy Specialization ii Acknowledgements First and foremost, I would like to thank the Almighty God for enabling me to complete this research paper. I would like to express my gratitude to my supervisor, Associate Professor Maria Carolina Romero, for her guidance during this research, her encouragement, the provision of research materials and her in depth knowledge on the subject matter. My sincere gratitude goes to the International Transport Workers' Federation Seafarers’ Trust for sponsoring my education at the World Maritime University. Thank you for believing and investing in me. I am also grateful to the State Department for Shipping and Maritime, Kenya, for affording me the opportunity to pursue my master’s degree. I would like to thank all the WMU Professors, and the administrative and library staff who made my 14-month academic programme possible. May God bless you all. Special thanks goes to my family, the Muriithi’s, for their patience, motivation and encouragement, making the completion of this research a success. iii Abstract Title of Dissertation: A Case Study of the Implementation and Enforcement of MARPOL Annex VI Sulphur Regulations in Kenya Degree: Master of Science In view of the global 2020 sulphur cap on fuel oil taking effect on 1 January 2020, this is a study of the actions needed to implement and enforce the MARPOL Annex VI sulphur regulations, and to identify the weaknesses in Kenya’s current implementation and enforcement regime. To achieve this, the study has employed the qualitative empirical legal research method, dividing the research into five themes which are critical to ensure compliance with the sulphur regulations. The themes have described the obligations of a State, including the duty to issue certificates; the duty to perform port State control inspections to foreign ships voluntarily at port; the duty to promote the availability of compliant fuel oil; the duty to establish an enforcement regime comprising of both sanctions and monitoring mechanisms; and the duty to undertake to provide reception facilities for the reception of exhaust gas cleaning residues. In the national context, the study has examined the laws and institutional structures in place to implement and enforce the sulphur provisions. Furthermore, it has conducted a legal gap analysis in relation to the international standards, the national provisions and the institutional framework in place, to conclusively establish the weakness and challenges faced in implementation and enforcement. From the established findings, the concluding chapter has provided recommendations to remedy the identified weaknesses. KEYWORDS: Air Pollution, Sulphur Regulations, Implementation, Enforcement, Challenges, Weaknesses iv Table of Contents Declaration ................................................................................................................. ii Acknowledgements ................................................................................................... iii Abstract ...................................................................................................................... iv Table of Contents ....................................................................................................... v List of Tables .............................................................................................................. x List of Figures ............................................................................................................ xi List of Abbreviations ............................................................................................... xii CHAPTER 1: INTRODUCTION ............................................................................. 1 1.1 Background .................................................................................................... 1 1.2 Problem Statement ........................................................................................ 6 1.3 Aims and Objectives ...................................................................................... 6 1.4 Research Questions ........................................................................................ 7 1.5 Research Methodology .................................................................................. 7 1.6 Organisation of Chapters .............................................................................. 7 CHAPTER 2: LITERATURE REVIEW ................................................................ 9 2.1 Introduction .................................................................................................... 9 2.2 Implementing IMO Instruments in National Law ...................................... 9 2.2.1. Monist Approach .................................................................................................. 9 2.2.2. Dualist Approach ................................................................................................ 10 2.2.3. Which is the better approach? ........................................................................... 11 2.3 Implementation and Enforcement of MARPOL Annex VI Sulphur Regulations ............................................................................................................... 11 2.3.1. Issuance of Certificates ....................................................................................... 12 2.3.2. Port State Control Inspections .......................................................................... 13 2.3.3. Fuel Oil Availability ........................................................................................... 15 2.3.4. Enforcement Regime .......................................................................................... 16 2.3.5. Reception facilities .............................................................................................. 18 2.4 Challenges that may be faced by Kenya in Implementation ................... 19 2.4.1 Enforcement of Sanctions .................................................................................. 19 2.4.2 Monitoring of Violations .................................................................................... 19 2.5 Conclusion .................................................................................................... 20 v CHAPTER 3: INTERNATIONAL REGIME FOR VESSEL-SOURCE SULPHUR EMISSIONS ......................................................................................... 21 3.1 Introduction .................................................................................................. 21 3.2 Jurisdiction of a State to Implement Sulphur Regulations ...................... 23 3.2.1 Flag State ............................................................................................................. 23 3.2.2 Coastal State ........................................................................................................ 24 3.2.3 Port State ............................................................................................................. 25 3.3 Jurisdiction of a State to Enforce Sulphur Regulations ........................... 27 3.3.1 Flag State ............................................................................................................. 27 3.3.2 Coastal State ........................................................................................................ 27 3.3.3 Port State ............................................................................................................. 28 3.4 Conclusion .................................................................................................... 29 CHAPTER 4: NATIONAL REGIME
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