Möjligheter att begränsa utsläpp av SOx och NOx inom sjöfartssektorn- en analys av befintliga och framtida styrmedel för en hållbar utveckling.

Sammanfattning: One of the cleanest ways of transporting goods is at sea. However, the emissions from ships increase and with a wider knowledge about the environmental consequences caused by the emissions, requisite regulations are needed. This thesis deals with air emissions of sulphate (SOx) - and nitrogen oxides (NOx). These emissions cause negative environmental effects both by direct pollution and by forming harmful secondary particles. One way of controlling pollution is by introducing a trade with emissions which includes the shipping industry. The Swedish Environmental Protection Agency, the Swedish Energy Agency, Swedish Institute for Transport and Communications Analysis and the Swedish Maritime Administration were assigned by the government to investigate how a trade with the emissions of sulphate- and nitrogen oxides could be organized. The inquiry, named Handel med utsläppsrätter av svavel- och kväveoxider inkluderande sjöfarten, includes several propositions on how to form and implement a system of trade. However, the inquiry is based on two alternatives- an open and a closed system of trading. This thesis focuses on the legal aspects of a trading system with emissions and compares the two alternatives and analyses them in the concept of de lege lata and de lege ferenda. The international character of shipping leads to legal difficulties in forms of jurisdiction, which has the right to participate in the trading and if it is in conflict with international law in forms of the right to innocent passage. By reviewing today's work of reducing emissions it is possible to evaluate existing methods and discuss creations of new alternatives. The system of trading with carbon dioxide is discussed, with an expectation that experiences from this trade can underlie the trading system for sulphate- and nitrogen oxides. The legal difficulties of system of trading can not be solved without each state's willingness and cooperation. There are advantages and disadvantages with both an open or closed system of trading. However, it is important disregarding which alternative that will be implemented, not to forget the purpose of the system. The purpose is not the trading, it is reducing emissions. Sustainable development should be considered in all forms of development and a system of trading should not be based on interests of market economy. The experiences benefited from today's trading system should be considered when a system of trading of sulphate- and nitrogen oxides is introduced. Finally if a system of trading should be implemented that does not exclude other alternatives from being evaluated and used. Other options for example environmental taxes or the implementation of the principle of best available technique can apply independently or combined with a system of trading. Disregarding method, the object of reducing emissions of sulphate- and nitrogen oxides must be achieved.