The Possibility of and the Preparation for Thailand’s Accession to the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978, Annex VI Regulations for the Prevention of Air Pollution for Ships

Abstract

The purpose of this research is to study obligations of the State parties to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) Annex VI Regulations for the Prevention of Air Pollution from Ships, concluded under the framework of the International Maritime Organisation (IMO), in order to analyse advantages and disadvantages if Thailand becomes a party to that Annex. In addition, the research aims at assessing the possibility of Thailand’s accession to Annex VI and proposing the steps to be taken for preparing the country to accede to such Annex. It is concluded that there are many advantages from being a party to MARPOL 73/78, Annex VI. For instance, it would help improving domestic laws and officials’ practice to meet an international standard stipulated by the IMO. Government officers would have legal bases for their regulatory action. However, there are some disadvantages arising from the difficulty in the legislative procedure to implement Annex VI. Moreover, the implementation would require more competent government officers and budgets.  It would also be burdensome for private sectors to adapt their business practice to comply with the new laws.  Therefore, the research team suggests that although becoming a party to Annex VI of MARPOL 73/78 benefits the country in various ways, Thailand is not ready to take such step. It should delay the accession and instead implements measures, including improving domestic laws, to prepare the country for the accession in future.