International maritime transport in the contrast between developed and developing states and the principle of common but differentiated responsibilities and respective capabilities

Abstract

International maritime transport plays a central role in the global economy while significantly contributing to greenhouse gas emissions, thus positioning itself within the contemporary debate on climate change. In this context, marked by profound asymmetries between developed and developing States, the research problem guiding this study is: how do structural asymmetries between developed and developing States influence the regulation of greenhouse gas emissions in international maritime transport, and to what extent can the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) be reconciled with the legal framework of the International Maritime Organization? The general objective of this study is to analyze the influence of structural inequalities between developed and developing States on the regulation of greenhouse gas emissions in international maritime transport, assessing the possibility of reconciling the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) with the legal regime of the International Maritime Organization. To this end, two specific objectives are established: (I) to examine the economic, social, and structural asymmetries between developed and developing States, analyzing their impacts on international maritime trade and on the distribution of greenhouse gas emissions; and (II) to analyze the conflict and possible forms of articulation between the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) and the principles of the International Maritime Organization, particularly non-discrimination and flag neutrality, in the context of regulating emissions in international maritime transport. In conclusion, it is observed that, although the CBDR-RC principle represents an important instrument of climate justice, its application to international maritime transport faces significant legal and institutional obstacles, revealing tensions between distinct normative regimes and highlighting the need to develop more integrated, balanced, and effective solutions to address climate change.