Transformation of the Principle of the Freedom of the High Seas in the Context of Shipping Decarbonization

Unofficial AI-generated summary based on the public title and abstract. Not an official translation.

🔬研究者:Provides a theoretical model for analyzing the legal evolution of navigation rights under climate regulation.

🏢実務担当者:Offers legal grounding for shipping compliance strategies with IMO standards and EU ETS.

🏛政策担当者:Highlights the legitimacy criteria for regional vs. global decarbonization measures in maritime law.

Background / Problem. The article examines the transformation of the principle of the freedom of the high seas under the influence of global shipping decarbonization processes. The freedom of the high seas, codified in Articles 87 and 90 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), constitutes a fundamental pillar of the international maritime legal order. However, the global climate crisis and the imperative to reduce anthropogenic greenhouse gas emissions have prompted a fundamental transformation of the legal regulation of international shipping, which, according to the Fourth IMO GHG Study (2020), accounts for approximately 2.89% of global CO₂ emissions.Objective / Purpose. The study provides a comprehensive doctrinal analysis of the impact of IMO regulatory mechanisms — the Energy Efficiency Design Index (EEDI), the Energy Efficiency Existing Ship Index (EEXI), and the Carbon Intensity Indicator (CII) — as well as the European Union Emissions Trading System (EU ETS) on the content and scope of the principle of the freedom of navigation. It is established that IMO technical standards (EEDI, EEXI) represent a legitimate development of the legal regime of the high seas, implemented through the mechanism of flag state jurisdiction under Article 94 of UNCLOS, whereas the CII introduces a qualitatively new type of indirect restriction on the freedom of navigation through operational rating mechanisms. The inclusion of maritime transport in the EU ETS from January 1, 2024, pursuant to Directive (EU) 2023/959, creates a precedent for the extraterritorial application of regional legislation that challenges the principle of exclusive flag state jurisdiction under Article 92 of UNCLOS.Findings / Results. The article identifies a systemic conflict between the paradigms of exclusive multilateralism and regulatory competition in the governance of the global commons. The author proposes a theoretical model of ‘environmentally conditioned freedom of navigation’, which conceptualizes environmental obligations as an inherent element of the freedom of the high seas rather than an external limitation. This model is grounded in three key propositions: environmental obligations constitute an immanent component of the freedom of the high seas; the content of environmental duties is dynamic and evolves with scientific knowledge; and the legitimacy of environmental restrictions is determined by a procedural criterion of establishment through a competent international organization.Conclusion / Significance. The model provides a doctrinal framework for assessing the legitimacy of both universal (IMO) and regional (EU ETS) decarbonization measures and for the further development of the IMO regulatory framework, including the introduction of a global market-based mechanism for emissions reduction.

• crossref https://doi.org/10.18523/2617-2607.2026.17.50-58first seen 2026-07-13 07:52:29