An analysis of MARPOL Regulation 43A through the principle of prevention

Abstract

This dissertation analyses the heavy fuel oil prohibition in Arctic waters that took effect after being implemented through the introduction of Regulation 43A to Annex 1 of MARPOL (hereafter MR43A). Due to the aim and purpose of MARPOL succinctly being described as the prevention of vessel-source marine pollution, as well as the status of the principle of prevention in IEL, this dissertation aims to analyse MR43A through the principle of prevention to determine the adequacy of MR43A as an international pollution prevention rule. In doing so, this dissertation provides a comprehensive examination of MR43A as well as establishes a general standard of prevention that is utilised to analyse and determine the adequacy of MR43A. This dissertation then utilises this standard to determine the adequacy of MR43A as a pollution prevention rule by analysing the content and drafting history of MR43A in light of the established standard of prevention.