This briefing document draws on the principles of international treaty interpretation to outline the key legal arguments to consider when assessing whether the International Convention for the Prevention of Pollution from Ships (MARPOL) can be amended to include an economic element that is distinct from a technical or operational measure.

It concludes that the adoption of a distinct economic element as an amendment to MARPOL Annex VI is legally permissible according to the requirements of Article 16 MARPOL.