The situation in respect of HFOs is also likely to change due to continued pressure to deal with HFO emissions in the climate negotiations. The International Maritime Organization ("IMO") has developed (through its Marine Environment Protection Committee), various international standards geared toward environmental protection.
Viewed against the backdrop of the stalemate in the climate change negotiations vis-?-vis HFOs, the IMO has successfully established a new regulatory regime for those ship emissions that can adversely affect human health. These emissions are nitrous oxides, sulfur oxides and particulate matter*. The rules, which were established as part of Annex VI to the International Convention for the Prevention of Pollution from Ships ("MARPOL") and which do not directly address the greenhouse effect of such gases, relate to regulations covering liability and compensation for damage, such as pollution caused by ships. South Africa has not yet ratified Annex VI of MARPOL. There is some likelihood that a similar approach to the one adopted for aviation emissions, that is subjecting them to emissions trading, will be adopted for HFOs from shipping. However, this issue is still the subject of intense speculation and negotiation.