The legal frameworks governing international hydrogen shipping are complex and evolving, shaped by the unique properties of hydrogen and its carriers, including liquid hydrogen (LH2), ammonia, and liquid organic hydrogen carriers (LOHCs). These frameworks must address safety regulations, liability, jurisdictional disputes, and the need for standardization to facilitate global trade. While existing maritime laws provide a foundation, significant gaps remain, particularly in addressing the distinct challenges posed by hydrogen and its derivatives.

Maritime law traditionally falls under the jurisdiction of the International Maritime Organization (IMO), which sets global standards through conventions such as the International Convention for the Safety of Life at Sea (SOLAS) and the International Maritime Dangerous Goods (IMDG) Code. These frameworks classify hazardous materials and prescribe handling, storage, and transportation requirements. However, hydrogen and its carriers are not yet fully integrated into these regulations, leading to inconsistencies in their treatment across jurisdictions.

Liquid hydrogen presents unique challenges due to its cryogenic nature and high flammability. Currently, LH2 is classified under the IMDG Code, but specific provisions for its maritime transport are limited. The IMO’s Interim Recommendations for Carriage of Liquefied Hydrogen in Bulk provide guidelines for ship design and operation, but these are not legally binding. The lack of binding international standards creates uncertainty for shippers and port authorities, particularly in jurisdictions with stringent safety requirements. For example, LH2 storage systems must maintain temperatures below -253°C, requiring specialized containment solutions that are not uniformly regulated.

Ammonia, a more established hydrogen carrier, is better integrated into maritime law due to its widespread use in fertilizers and industrial applications. The IMDG Code and SOLAS include specific provisions for ammonia transport, addressing its toxicity and corrosivity. However, when ammonia is used as a hydrogen carrier, additional considerations arise, such as the energy-intensive cracking process required to release hydrogen. Current regulations do not distinguish between ammonia for direct use and ammonia as a hydrogen carrier, potentially overlooking risks specific to the latter. Furthermore, ammonia’s toxicity raises liability questions in case of spills, particularly in ecologically sensitive areas.

LOHCs, which bind hydrogen to organic compounds for easier transport, are relatively new to maritime shipping. Their classification under existing frameworks is ambiguous, as they are neither pure hydrogen nor traditional hydrocarbons. The IMDG Code does not explicitly address LOHCs, leading to ad hoc interpretations by national regulators. This inconsistency complicates international shipping, as LOHCs may face differing restrictions in different ports. For instance, some jurisdictions may treat LOHCs as hazardous due to their flammability, while others may classify them based on their organic components.

Jurisdictional disputes further complicate international hydrogen shipping. The United Nations Convention on the Law of the Sea (UNCLOS) governs maritime boundaries and rights, but its provisions do not specifically address hydrogen transport. Disputes may arise over transit rights, especially in strategic waterways where hydrogen shipments could be subject to conflicting national regulations. Additionally, accidents involving hydrogen carriers in international waters raise questions about liability and compensation. The International Convention on Civil Liability for Bunker Oil Pollution Damage serves as a model for hydrocarbon spills, but no equivalent exists for hydrogen or its carriers.

Liability regimes for hydrogen shipping are underdeveloped. Traditional maritime insurance covers hydrocarbons but may not fully account for the risks posed by hydrogen, such as embrittlement of materials or rapid dispersion in leaks. Ammonia’s toxicity and LOHCs’ flammability also present unquantified risks, leading to higher insurance premiums and reluctance among carriers. The lack of standardized liability frameworks discourages investment in large-scale hydrogen shipping projects.

Proposals for standardization are emerging to address these gaps. The IMO is considering amendments to SOLAS and the IMDG Code to include detailed provisions for LH2, ammonia, and LOHCs. These proposals emphasize uniform safety standards, such as mandatory pressure relief systems for LH2 tanks and stricter ventilation requirements for ammonia carriers. For LOHCs, classification criteria are being developed to distinguish between different types of carriers based on their chemical properties.

Regional initiatives are also advancing standardization. The European Union’s Hydrogen Strategy includes plans for a regulatory framework for hydrogen transport, aligning with the IMO’s efforts. Similarly, Japan and South Korea, as major hydrogen importers, are collaborating on safety standards for ammonia and LOHCs. These efforts aim to create interoperable regulations that facilitate cross-border trade.

Despite these proposals, significant gaps remain. The absence of binding international standards for LH2 transport hinders the development of dedicated hydrogen shipping infrastructure. Ammonia’s dual-use nature requires clearer regulatory distinctions between its roles as a fertilizer and a hydrogen carrier. LOHCs need explicit classification to avoid regulatory fragmentation. Furthermore, liability mechanisms must be adapted to address hydrogen-specific risks, ensuring adequate compensation for accidents.

In conclusion, the legal frameworks for international hydrogen shipping are in a transitional phase. While existing maritime laws provide a foundation, they lack specificity for hydrogen and its carriers. Standardization efforts led by the IMO and regional bodies are critical to closing these gaps, but binding regulations and liability frameworks are needed to unlock the full potential of global hydrogen trade. The evolving nature of hydrogen technologies demands continuous updates to maritime law, ensuring safety, clarity, and consistency across jurisdictions.