National Legal Models to Regulate Scrubbers Washwater

According to the findings of this study, nations should adopt uniform 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 greenhouse gases so they can adhere to the International Maritime Organization’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 partially 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 Finland). 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 general legal regulations concerning ship pollution (Article 192-237 of the UNCLOS), or they adopt a complete permission standard for the discharge of scrubbers in their water. There are three Parts to this research paper. In particular, the transboundary 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 recognized 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 functions. 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. These four models contrast limited and unlimited bans, specific and general regulations, and binding and non-binding regulations. The answer to the problem of uncertainty is covered in the third Part. Two answers to the impending scientific uncertainty and the adoption of uniform regulations are put forth in the research

Uncertainty in Law and Science: The International Legal Status of Scrubber Wash Water

This article argues in favor of stricter regulation to the wash water resulting from the Exhaust Gas Cleaning System aboard ships. These systems are also known as scrubbers. The International Maritime Organization (IMO) has required the shipping industry to reduce the fuel oil sulfur limit to 0.5%, and in emission control areas to 0.1%. To achieve this reduction, ship owners use scrubbers to comply with this regulation, which essentially cleans the fuel. However, the current legal framework of scrubber wash water lacks certainty due to two reasons. The first reason is uncertainty in the law, because it is not clear from the IMO Guidelines whether scrubber wash water is considered as pollution by vessel operation under MARPOL or pollution by dumping under the London Convention. The second reason is uncertainty in science. It is also not clear whether the current levels of materials allowed to be discharged in scrubber wash water are harmful to the environment. This is demonstrated in contradictory scientific reports submitted to the IMO. This article attempts to answer two interrelated questions. First, how does the law deal with legal uncertainty? Second, how does the law deal with the questions related to scientific uncertainty? Hence, this article is divided into four main parts. The first part presents the legal problems raised regarding scrubber wash water. This includes uncertainty in the law, uncertainty in science, and how they overlap. The second part tackles the solution for uncertainty in the law. It resorts to the general rules of marine pollution and argues that pollution by dumping is the applicable regime. The third part presents a solution for the uncertainty in science from the legal perspective, which includes both policy and judicial solutions. For the policy solution, this article argues in favor of adopting the precautionary principle. As for the judicial solution, this article adopts guidance from a case decided by the International Court of Justice to set the borders between law and science. This article concludes by presenting a hypothesis for addressing the uncertainty in the law and uncertainty in science surrounding the issue of scrubber wash water and whether it is harmful to the environment

Modern Application of the Islamic Principle of Brotherhood: An Assessment of the Syrian Refugees’ Relocation Solution in Egypt

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality. The second involves closing their doors to all refugees, in order to protect their people. Many countries made their own choice: some chose the first option, while many others are still struggling to find a way to accommodate the second choice. Politicians, philosophers and business executives proposed several solutions, most of which are of proven inefficacy, like those of Trump and the EU. A third proposed solution sought to relocate Syrian refugees in a third Arab/Muslim country, which is the least analyzed solution. This research assesses this third solution from six perspectives: historical, moral, cultural, legal, economic, and political. The Article is divided into three main parts. The first presents the Islamic base, and logic for the relocation project. The second tackles the assessment of the solution, while the third proposes some recommendations regarding several practical aspects, like formulating the negotiation and project teams, as well as the assessment and progress of the project