GREEN SHIPPING: A BIODIVERSITY-CENTRIC APPROACH TO SUSTAINABLE MARITIME LAW
- Author (s) Haritha M
Table of Contents
1. Introduction
Maritime transport forms the backbone of global trade, carrying more than 90% of international commerce. While it remains one of the most cost-efficient modes of transportation, its environmental footprint is substantial. According to the International Maritime Organization (IMO), international shipping emitted approximately 1,076 million tonnes of CO₂ in 2018, contributing nearly 2.9% of global anthropogenic greenhouse gas (GHG) emissions (IMO, 2020). Apart from carbon emissions, shipping releases sulphur oxides (SOx), nitrogen oxides (NOx), particulate matter, and other pollutants that degrade air quality, contribute to ocean acidification, and threaten marine biodiversity.
The intensifying climate crisis and marine ecosystem degradation have compelled the global community to reconsider conventional shipping practices. In response, the concept of green shipping has emerged as an integrated approach that seeks to reduce environmental harm while maintaining the economic viability of maritime trade. This paper examines the environmental impacts of conventional shipping, analyses the evolving legal and regulatory framework governing green shipping, and evaluates India’s progress in aligning maritime development with sustainability principles.
2. Legal and Regulatory Framework Governing Green Shipping
The foundation of modern maritime environmental regulation lies in the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973/78, adopted under the auspices of the IMO. MARPOL addresses pollution from oil, noxious liquid substances, harmful packaged materials, sewage, garbage, and air emissions. It applies to nearly 99% of the world’s merchant fleet and remains the primary international instrument regulating ship-source pollution.
In 2011, the IMO introduced mandatory energy-efficiency measures, including:
- Energy Efficiency Design Index (EEDI)
- Ship Energy Efficiency Management Plan (SEEMP)
These measures aimed to reduce GHG emissions from new and existing vessels. Subsequently, in 2018, the IMO adopted its Initial Strategy on Reduction of GHG Emissions from Ships, committing to reduce total annual GHG emissions from international shipping by at least 50% by 2050 compared to 2008 levels. The 2023 revised IMO GHG Strategy strengthened these commitments, reflecting growing international pressure to decarbonise maritime transport.
Ballast water management is governed by the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, which seeks to prevent the transfer of invasive aquatic species.
Indian Legal Framework
In India, maritime environmental governance is supported by:
- Article 21 of the Constitution – Right to life includes the right to a clean environment
- Article 48A – Directive Principle mandating protection of environment
- Article 51A(g) – Fundamental duty of citizens to protect the natural environment
- Environment (Protection) Act, 1986
- Merchant Shipping Act, 1958
Judicial interpretation has expanded environmental protections. In Vellore Citizens Welfare Forum v. Union of India (1996), the Supreme Court recognised the Precautionary Principle and Polluter Pays Principle as part of Indian environmental law. These principles are directly relevant to maritime pollution control and green shipping initiatives.
3. Environmental Impacts of Conventional Shipping
3.1 Marine Pollution
Shipping activities contribute significantly to marine pollution through oil spills, operational discharges, sewage disposal, and hazardous waste release. Oil spills remain among the most catastrophic environmental disasters, affecting seabirds, marine mammals, coral reefs, mangroves, and seagrass ecosystems. Long-term contamination can disrupt food chains and threaten coastal livelihoods dependent on fisheries and tourism.
3.1 Marine Pollution
Shipping activities contribute significantly to marine pollution through oil spills, operational discharges, sewage disposal, and hazardous waste release. Oil spills remain among the most catastrophic environmental disasters, affecting seabirds, marine mammals, coral reefs, mangroves, and seagrass ecosystems. Long-term contamination can disrupt food chains and threaten coastal livelihoods dependent on fisheries and tourism.
3.2 Ballast Water and Invasive Species
The use of ballast water for vessel stability has led to the unintended transfer of invasive species across ecosystems. One early documented case was the introduction of the Asian phytoplankton Odontella (Biddulphia sinensis) in the North Sea in 1903. Such bio-invasions disrupt native biodiversity and impose severe economic costs on fisheries and aquaculture sectors (IMO, 2011).
3.3 Biofouling
Biofouling—the accumulation of aquatic organisms on ship hulls—also facilitates species transfer. Although anti-fouling paints are used to prevent organism attachment, earlier substances like tributyltin (TBT) caused severe ecological toxicity and were banned under international regulations. Modern copper-based coatings still pose environmental risks, indicating the need for safer alternatives.
3.4 Greenhouse Gas Emissions
Between 2012 and 2018, shipping emissions increased by approximately 9.6%, reflecting rising global trade demand (IMO, 2020). These emissions contribute to ocean warming, acidification, and deoxygenation, affecting marine productivity and biodiversity. Climate-driven changes in marine ecosystems have direct implications for food security and coastal communities.
3.5 Underwater Noise Pollution
Increasing vessel traffic generates underwater noise that disrupts marine mammals such as dolphins and whales, impairing communication, navigation, and breeding. Ship groundings and anchor damage further threaten coral reef systems, especially in ecologically sensitive regions.
4. Green Shipping as a Biodiversity-Centric Model
Green shipping redefines maritime transport by recognising oceans as living ecosystems rather than mere trade corridors. It integrates biodiversity protection into vessel design, routing, fuel selection, and port operations.
Key biodiversity-focused measures include:
- Speed regulation in whale migration zones
- Ecosystem-based maritime spatial planning
- Cleaner propulsion technologies
- Strict ballast water treatment
This shift represents a transition from a purely trade-centred maritime economy to an eco-centric maritime governance model.
5. Strategies for Implementing Green Shipping
5.1 Alternative Fuels
Liquefied Natural Gas (LNG) reduces CO₂ emissions by approximately 20% compared to conventional fuel oil. Emerging alternatives such as green hydrogen, ammonia, methanol, and biofuels offer greater decarbonisation potential. Wind-assisted propulsion systems, including rotor sails and kite systems, are also being deployed.
5.2 Slow Steaming
Reducing vessel speed by 10% can reduce emissions by nearly 19%, while lowering fuel costs and port congestion. This operational strategy demonstrates that sustainability and economic efficiency can coexist.
5.3 Ship Recycling
Sustainable ship recycling promotes material reuse, particularly steel, which requires significantly less energy when recycled. International regulation seeks to ensure safe labour conditions and environmentally sound dismantling practices.
5.4 Renewable Energy Integration
Solar technologies, shore power systems, hydrogen hubs, and electrification of port equipment are transforming port operations. The maritime energy transition aligns closely with global climate commitments under the Paris Agreement.
6. Green Shipping in India
India has committed to achieving 40% of its installed energy capacity from renewable sources and reducing carbon intensity. The Maritime India Vision 2030 identifies sustainability as a core objective.
Key initiatives include:
- Green Tug Transition Programme (GTTP)
- Development of hydrogen hubs at Paradip, Deendayal, and V.O. Chidambaram Ports
- Recognition under IMO’s GreenVoyage2050 Project
- Mormugao Port’s inclusion in the Environment Ship Index (ESI) incentive framework
These initiatives reflect India’s dual objective: expanding port infrastructure while reducing carbon emissions per tonne of cargo by 30% by 2030.
7. Challenges and Way Forward
Despite progress, several challenges remain:
- High capital costs of green technologies
- Limited availability of alternative fuel infrastructure
- Regulatory inconsistencies across jurisdictions
- Technological gaps in developing nations
A just and equitable transition requires international cooperation, financial assistance mechanisms, carbon pricing integration, and stronger compliance monitoring.
If shipping emissions remain unchecked, projections indicate that they could rise to 90–130% of 2008 levels by 2050, undermining global climate goals (IMO, 2020). Therefore, green shipping is not merely an environmental aspiration but a legal and moral necessity.
8. Conclusion
Green shipping represents a critical convergence of environmental law, maritime governance, and climate action. By integrating biodiversity protection, technological innovation, and regulatory enforcement, it seeks to reconcile economic growth with ecological sustainability.
As global trade continues to expand, the transformation of maritime transport into a low-carbon, biodiversity-sensitive sector will determine whether oceans remain resilient ecosystems or become victims of unchecked industrial expansion. Stronger legal frameworks, cleaner fuels, and collaborative international governance are indispensable for ensuring that maritime development aligns with the objectives of the Paris Agreement and the Sustainable Development Goals.
References
International Maritime Organization. (2011). Guidelines for the control and management of ships’ biofouling to minimize the transfer of invasive aquatic species. IMO.
International Maritime Organization. (2020). Fourth IMO greenhouse gas study 2020. IMO Publishing.
Ministry of Ports, Shipping and Waterways. (2021). Maritime India Vision 2030. Government of India.
Walker, T. R., Adebambo, O., Del Aguila Feijoo, M. C., et al. (2017). Environmental effects of marine transportation. In World Seas: An Environmental Evaluation (Chapter 30). Elsevier.
Akhavan, M. (2025). Decarbonising maritime transport: The role of green shipping corridors in making sustainable port-city ecosystems. Ocean and Society, 2, Article 9411.
Zhang, Q., Zhang, S., Zhang, C., et al. (2024). Green shipping: Technological innovations for sustainable development in the global maritime industry. Frontiers in Science and Engineering, 4(9).
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