Abstract

 "(Minor revisions 26/09/2025)" 

The purpose of my article is to present an explanatory theory of the legal consequences for the shipbuilding industry and maritime transport of measures to combat GHG, including ITLOS Advisory Opinion, according to which GHG emissions constitute pollution under the UNCLOS. Despite the Advisory Opinion rendered, there is currently no legal way to restrict shipping on the basis of GHG emissions from marine vessels, as sufficient numbers of alternative-fuelled marine vessels still do not exist. World trade will not stop, especially when considering the relatively small share of maritime transport in emissions. The problems of GHG emissions from marine vessels should not be solved 'at sea' but 'ashore', namely at the shipyard level, through corporate initiative or regulatory action by the authorities. As the issue of GHG emission restrictions evolves, it is quite possible that restrictions will be introduced for ships with significant GHG emissions. However, GHG regulations may conflict with values that are highly regarded in the law of the sea, such as freedom of navigation. The leading positions of countries in shipbuilding could change significantly: shipyards that have adopted alternative fuel production methods and shipping companies that have invested in them could become industry leaders.