Institutional interaction to address greenhouse gas emissions from international transport: ICAO, IMO and the Kyoto Protocol

In response to Article 2.2 of the Kyoto Protocol, the International Maritime Organisation (IMO) and the International Civil Aviation Organisation (ICAO) have begun to consider greenhouse gas (GHG) emissions from international aviation and shipping. However, neither ICAO nor IMO have taken any effective action on the issue yet and progress can be characterised as slow. The lack of action has so far not been made up for by measures within the climate change regime or by individual countries. An important motivation for the efforts of ICAO and IMO so far has been the potential regulatory competition with the climate change regime. However, given the lack of political will to act on the issue within the latter, this motivation has not been very forceful. Against this backdrop, I argue that there are in particular three options for furthering progress within ICAO and IMO, namely (1) enhancing the threat of regulation of GHG emissions from international transport under the climate change regime; (2) undertaking unilateral domestic action by various countries (in particular the EU); and (3) furthering a learning process within ICAO and IMO. Furthermore, a closer coordination of efforts under ICAO, IMO and the climate change regime could facilitate and accelerate progress.