Comparative analysis of public policies for port decarbonization a study between the European Union, the United States and Brazil

Abstract

This article aims to promote a discussion on public policies for port decarbonization, delving into their conceptualization and their impact as a driver in promoting the reduction of greenhouse gas emissions from port and maritime activities, seeking to analyze in a comparative way how the European Union, the United States and Brazil deal with such issues. This article provides a retrospective analysis of specific issues of Environmental Law and Port Law. It will also study and explore the legislation and how countries deal with climate emergencies, which require all sectors of the economy to promote policies aimed at decarbonizing their activities and mitigating the impacts of climate change, as well as the reflection of this on port activity. This study reveals challenges and advances in each system, highlighting the importance of the port system as a whole, since maritime transport is responsible for 3% of total greenhouse gas emissions, a figure that increased by 9.6% between 2012 and 2018, playing a central role in the transition towards decarbonization, as they are both major emitters and also an operational possibility for more sustainable solutions. Furthermore, it will seek to analyze the roles of each State's international governance in this scenario and the policies and measures adopted, as well as the way the International Maritime Organization (IMO) operates with the regulatory arrangement Net-Zero Framework, which sets decarbonization targets for zero by 2050. It will seek to answer the following question: What are the difficulties and barriers that countries face in implementing the decarbonization of ports and promoting more sustainable development? In a preliminary analysis, it was found that, many times, States seek to implement more sustainable port infrastructures and vessels adapted to international needs, but it is a fact that the debate on full adherence to what is expected by the IMO is a difficult and costly path, often also depending on private initiative. The research is descriptive in nature, through consultations of documents, CAPES journals, doctrines and also national and international sources. Based on all the analysis carried out, it can be concluded that this represents an important discussion for the purpose of promoting progress towards clean and sustainable energy in the port system sector.