Alternative Marine Fuels and MRV Liability Under UNCLOS Part XII

Authors

• Andrey Chernov

Document Type

Article

Abstract

Shipping’s decarbonization depends not only on adopting alternative fuels but also on the reliability of the monitoring, reporting, and verification (MRV) systems that underpin compliance. Ammonia, hydrogen, methanol, and liquefied natural gas (LNG) each introduce distinctive risks of error at the stages of certification, custody transfer, onboard measurement, and verification. At the same time, maritime law is increasingly data-driven. The International Maritime Organization’s (IMO) Energy Efficiency Existing Ship Index (EEXI) and Carbon Intensity Indicator (CII) depend on reported fuel-use data, while the European Union’s Emissions Trading System (ETS) and FuelEU Maritime Regulation impose direct financial penalties for inaccurate reporting. This Article argues that Part XII of the United Nations Convention on the Law of the Sea (UNCLOS)—particularly Articles 192, 194, and 204–206—should be read as a “living instrument” that extends States’ duties of prevention, due diligence, and monitoring to the integrity of MRV data. Building on this doctrinal premise, the Article develops a Stage × Actor × Regime liability matrix, analyzing how UNCLOS and MARPOL Annex VI obligations interact with European Union and United States regimes. It then examines how the distinct technical risks of each fuel create liability exposure for shipowners, verifiers, and regulators. Finally, the Article proposes model contractual clauses—covering fuel origin warranties, custody protocols, audit rights, and cybersecurity carve-outs—that make MRV data defensible in both law and insurance. In bridging doctrinal international law with contractual practice, the Article demonstrates that UNCLOS Part XII provides a normative foundation for governing data liability in a decarbonizing fleet.

First Page

1

Recommended Citation

Andrey Chernov, Alternative Marine Fuels and MRV Liability Under UNCLOS Part XII, 31 Ocean & Coastal L.J. 1 (2026).
Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol31/iss1/2