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The integration of unmanned ships into the lex maritima
Abstract
The state of technology is such that unmanned ships are now a realistic
prospect. This includes remote-controlled ships and fully autonomous ships.
The operation of each presents unique challenges to regulators and other users
of the sea. This article considers the ways in which unmanned ships may be
integrated within the existing maritime regulatory framework and assesses
the ability of such ships and their operators to comply with its requirements.
The article argues that, because the onboard presence of seafarers is not an
express prerequisite to “ship” status, under the various available defi nitions
of the term, unmanned “ships” could be accommodated within the existing
legal framework with small modifi cations. It argues that the level of autonomy
of an unmanned ship has a profound bearing on its ability to comply with the
requirements of this framework and that regulatory guidance on safe unmanned
operations and the development of international consensus is essential in order
to facilitate the use of the technology in world trade. To the extent that the
new technology is commercially beneficial, its use will prevail and either a
regulatory regime will need to be developed or the existing one will need to
be adjusted. Within this context it is suggested that the main existing legal
framework can be interpreted in a way that permits the inclusion of ships into
the existing framework and that this is the easier way forward.
... An argument arose over the 'status' of the object and proceedings within international law. The USA regarded the UUV as a "vessel", making it entitled to the required international law governing any other "vessel" on the high seas [10]. In contrast, the Chinese authorities concluded that the UUV was an "unidentified device", which gave it to zero immunity under UNCLOS. ...
... From current examples, it appears evident that if an automated system sustains the ability to avoid collision and maintain a lookout by alternative means, then all that is required is a technical amendment to Rule 5 [10]. If the IMO were to adjust Rule 5 by stating "all manned vessels . . . ...
... The Navios Enterprise v The Puritan concluded that a vessel not under command is one that has encountered or fallen victim to the engine, steering, or other mechanical failures that impede the safe passage and control of the vessel; the technical limitations of the vessel would be brought forward to avoid a collision. The primary issue arises from the statement, showing that with the current understanding of a vessel not under command, all autonomous ships operating under the banner will be regarded as unseaworthy [10]. The secondary issue is whether precedence is going to be provided to machines over humans, which subsequently poses a moral question that needs to be addressed [27]. ...
Since the rise of intelligent control and multi-sensor integration technology, the development of autonomous ships has been significantly growing over the last decade. This advancement has painted a picture of extreme change with a radical alteration of human factors and new operating models. Inherent with the development of such ships, some concerns regarding their safe operation and integration into the maritime regulatory framework arose. Although the introduction of autonomous vessels is not an impending factor, it is the future, and one day will come into application. The primary concern inherent in the development of autonomous ships is compliance with the current International Regulations for Preventing Collisions at Sea (COLREGS) 1972. This paper uses an interdisciplinary approach to examine autonomous vessel seaborne interactions. The results show that we should actively support the modernization of the maritime industry and integrate it with other autonomous industries in the world.
... If an unmanned merchant ship is not a legally recognised 'ship', its legality, insurance, and civil liability will be questioned. Veal and Tsimplis (2017) contributed a comprehensive literature review on the legal status of unmanned merchant ships. Among numerous attempts, Lloyd's Registry adapted a framework to define unmanned and/or autonomous ships, referring to the varying autonomy levels of ships (Lloyd's Registry 2017). ...
... Hence, research on the navigational rights of unmanned merchant ships will be critical to international shipping governance and management. Veal and Tsimplis (2017) noted the issues related to the navigational rights of unmanned ships, and commented that 'if unmanned craft do constitute "ships", they ought to enjoy the same navigation rights as their manned counterparts.' After having considered the legal status of 'ship' and 'vessel' in various public and private treaties, Zhu and Xing (2019) determined that as there is no specific legal requirement for the number of crew members, unmanned ships may fall within the definition of either 'ship' or 'vessel' in various international treaties with no significant hurdle. ...
The emergence of unmanned merchant ships will challenge the existing international shipping law and practice. Many legal issues regarding unmanned ships under international law await clarification, and the issues involving navigational rights are at the top of the list. This article aims to examine the navigational rights of unmanned merchant ships under the established international regulatory framework for global shipping. We find that many States, particularly the coastal States, may hold a cautious view regarding the international navigation of unmanned ships, because of uncertainties in terms of safety and reliability, questions about seaworthiness and manning, and the potential ship-source pollution incidents. Hence, we make the following suggestions: first, the International Maritime Organization plays a more proactive role in interpreting and implementing the existing rules on international navigation. Second, that flag States, coastal States, port States collaborate and consider filling the existing regulatory gaps to facilitate the development of unmanned merchant ships and to justify their navigational rights.
... Numerous attempts have been made to clarify the legal status of the MASS. For example, Veal and Tsimplis (2017) contributed a comprehensive literature review on this issue. Zhu and Xing (2019; have also questioned whether unmanned ships can fall within the various definitions of "ship" or "vessel" and are entitled to enjoy navigational rights under the UNCLOS. ...
Advancements in technology have prompted the emergence of several new kinds of ships and ship-shaped structures, including floating offshore platforms, unmanned maritime vehicles (UMVs), and unmanned merchant ships; this raises questions for international shipping regulations about their legal status and navigational rights. The legal status of a ship under the United Nations Convention on the Law of the Sea (UNCLOS), as well as other relevant international instruments, is different from that of a non-ship, since the latter does not have legal rights of international navigation. However, neither customary international law, nor the UNCLOS, provides a clear definition for the term “ship”, though different definitions of “ship” have been given in different international conventions and national statutes for their own purposes. This paper attempts to propose a functional approach, based on ships’ main functions of navigation and transportation, to reassessing the legal status and navigational rights of ships and ship-shaped structures. By following the functional approach, this paper clarifies that a ship having navigational rights means any self-propelled water-going vessel for the transportation of goods, passengers, and other objects, including vessels to be used for military or public service purposes. Based on this definition, the paper further finds that: 1) Floating offshore systems (including floating platforms and drill ships) should be regarded as ships when they are navigating in the waters; 2) most of the UMVs, being regarded as ship equipment or attachments, can only reflect their mother ship status; and 3) ocean-going bulkers and smaller container vessels that may be able to switch to unmanned operation should also be recognized as having the legal status of ships.
... It is imperative to note that where private maritime law conventions are silent and a challenge is made as to the identity of the 'ship', a court would be left with no choice but to derive it from definitions found in national laws. [21] 3.2 The integration of unmanned ships into the lex maritimea [22] The other text which has contributed immensely to the discussion argues that the definition conundrum does not pose a major impediment since the presence of onboard seafarers is not an express prerequisite to 'ship' status under the international regulatory regime. The authors have identified two crucial issues which need answering; whether unmanned crafts can be operated as safely as conventional 'ships' and can enforcement of claims be at least as effective. ...
The development of unmanned and autonomous vessels has accelerated, resulting in the requirement to study the law surrounding shipping. This article studies recent literature and case laws to determine the various interpretations of the word ‘ship’. It, thereafter, seeks to determine which of these will have a bearing on autonomous vessels and whether the foreseeable technological incorporation is a challenge. Primarily, the focus is on showcasing that definitions across jurisdictions vary. The author points out that in the domain of private international law, this will result in disputes regarding applicability of admiralty laws.
... ." 88 82 Van Hooydonk (2014), p. 421. 83 Veal and Tsimplis (2017), p. 317. 84 Veal and Tsimplis (2017) MLC, 2006, Article II, 1, (j). ...
The operation of unmanned/autonomous merchant ships in the shipping industry will be evolutionary, but every new development unavoidably brings along with it new risks. This paper aims to acquire a full and comprehensive understanding of several fundamental issues related to civil liability insurance for unmanned/autonomous merchant ships. It concludes that although no significant legal barrier can be identified, certain non-marine insurances seem necessary to fill in the gaps for insurance cover for unmanned/autonomous merchant ships.
... Additionally, under UNCLOS, Art.94(4)(b), flag states must ensure that each ship is "in the charge of a master…who possess[es] appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering". As Veal and Tsimplis (2017) argue, the obvious question is "whether it is possible for an unmanned ship, by its very definition, to have a master". ...
Towards the Autonomous Ship is a study of existing relevant projects and an identification of the related Operational, Regulatory and Qualityassurance challenges raised due to the development and actual deployment of such vessels in the near future; a number of possible solutions andapproaches to overcome the identified challenges and conclusions whichmay be used not only in the Autonomous Ships, but also in traditionallymanned vessels. Additional maritime transportation related issues areincluded such as Breach of Warranties (Ch2), Deviation (Ch3), ArrivedShip (Ch4), Bill of Lading (Ch5), Salvage, Towage (Ch6) and Major Tanker Accidents (Ch7).
... Additionally, under UNCLOS, Art.94(4)(b), flag states must ensure that each ship is "in the charge of a master ... who possess[es] appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering". As Veal and Tsimplis argue [39], the obvious question is "whether it is possible for an unmanned ship, by its very definition, to have a master". Furthermore, the workload of the onshore personnel for the Remote-Control Centres is expected to be quite heavy. ...
The article provides a description of the Autonomous ship, studies existing relevant projects, and examines the related Operational, Regulatory, and Quality assurance challenges raised due to the development and actual deployment of such vessels in the near future. After reviewing the main operational procedures, existing regulations, and quality assurance standards, a number of possible solutions and approaches to overcome the identified challenges are indicated. Some of the conclusions may be used not only in the Autonomous ships but also in traditionally manned vessels.
Technological innovation is changing the way maritime transport is done, and automated driving is one of the hot topics, including unmanned ships that use automated driving technology, but legal challenges to the application of unmanned ships in the shipping industry must be resolved before that happens—whether and how the principles of existing international conventions regarding unmanned ships. To deal with this problem, it is far from enough to rely on the efforts of international organizations or the revision of international conventions. The paper analyzes several typical legal issues faced by unmanned ships: the legal definition of unmanned ships, the seaworthiness of unmanned ships, the master and crew rules, and the collision and rescue of unmanned ships, taking China as an example, the paper explains reasonable and effective legal path of domestic and international laws, trying to seek solutions at the level of domestic law beyond international convention. The paper concludes that the traditional navigation rules have largely been developed to meet the needs of manned transportation, and cannot be fully applied to unmanned ships. Therefore, until there is an international regulation specifically for unmanned ships, it would be appropriate to interpret or revise existing international conventions to apply to unmanned ships. And for countries including China, it is important to consider the improvement of domestic laws.
DENİZ İŞLETMECİLİĞİ VE YÖNETİMİNDE GÜNCEL YAKLAŞIMLAR
Autonomous ships, controlled by a shore-based operator (SBO) or by an artificial intelligence, are in development and it is anticipated will soon be deployed into the world’s seas and oceans. But on deployment, first, Maritime Autonomous Vehicles (MAVs) must be able to access the sea and ocean areas, according to the law of the sea. Access is predicated upon compatibility with maritime safety conventions. The current rules are geared towards ships with personnel onboard, not for autonomous ships. MAVs’ integration into merchant shipping will also require international private law and commercial law to be compatible with autonomous ships. This chapter will indicate the most significant barriers to autonomous ship integration, in the aforementioned areas of law, and highlight priorities in the current regulatory framework that ought to be continued in the regime governing autonomous ships, from the lens of commercial expediency, safety and the prevention of pollution. This chapter will recommend solutions for the International Maritime Organization which are designed to facilitate the adoption of autonomous ships in a merchant setting.KeywordsAutonomous shipsLaw of the SeaInternational Maritime OrganizationEnglish commercial lawImplementation agreement
This study discusses the legal status of a remote operator of MASS, and the possibility of granting them status as a ship employee or master under international law. This research argues that the status of seafarer or deemed seafarer should be required for R-level MASS, and the status of master or deemed master with the right to command in matters relating to ship operation be conferred for RU- and A-level MASS. The study presents an expanded notion of seafarers by extending the combination of ship and human elements—concerning seafarers in existing international maritime conventions—to deem remote operators of MASS ship employees. Finally, this study suggests that remote operators be regarded as a human element by perpetuating the notion of the master, retaining their status as the final entity of responsibility for the ship, even if the cutting-edge ICT-based commercialisation of MASS is realised.KeywordsMaritime Autonomous Surface ShipsShip MasterRemote OperatorInternational Maritime OrganisationThe 1982 United Nations Convention on the Law of the Sea
A barrier to the deployment of autonomous vessels in Australia's commercial and defence context is the gap in understanding how existing regulatory frameworks apply and identifying a best-practice regulatory approach. This Systematic Quantitative Literature Review (SQLR) identifies and assesses relevant available literature from domestic and international resources concerning current and future regulation of domestic autonomous vessels in Australia and other nations. A standard methodology is used combining a traditional narrative review and a meta-analysis tailored for peer-reviewed literature. Only twenty research articles of varying origin, type and content were identified, highlighting a significant literature gap regarding domestic regulation of autonomous vessels in Australia and other nations. Filling the domestic literature gap is critical for further domestic regulatory development, particularly because of the growing range and functions of such vessels. The literature review undertaken supports the development of future best practice regulation, which will facilitate the ongoing development and use of autonomous vessels.
The application of new technologies in the shipping industry, particularly artificial intelligence, will soon usher in a new era of the carrier’s liability. While autonomous ships and conventional ones will begin to coexist in the seas soon, the green light has already been given to the use of smart containers in the shipping industry. It is an indisputable fact that the use of new and emerging technologies will have a profound impact on the current legal system. This paper first submits the definition of autonomous ships, their legal status and some pioneering initiatives. Then, it explains the control centre and its legal status. Ultimately, it seeks to answer how the carrier’s obligation to exercise due diligence to provide a seaworthy ship and take care of the cargo under the Hague and Hague-Visby Rules should be interpreted in the age of emerging technologies and to what extent new standards for the carrier’s liability should be adopted.
Nowadays, the exponential growth in technological advances in the shipping industry appears to justify the proposition of that autonomous merchant ships and traditional ones are on the eve of an era in which they will start sailing together in the seas. Since it is expected that the autonomous ships shall enhance economic, ecological and social sustainability, so that they ensure safe and environmentally friendly operations, whether or not the existing international conventions could pose a hurdle to the autonomous ships in the sense of seaworthiness is becoming more and more the focal point of the discussions. In this paper, a comprehensive illustration of the concept of seaworthiness particularly in the light of case law will first be submitted, and following that, the concept of autonomous ship will be enunciated as well as a discussion of whether it could be considered as a ship. Considering these, this paper will seek an answer to the question of whether, or how, the autonomous ships could fulfil the requirement of properly manning laid down in Article III (1-b) of the Hague/Hague-Visby Rules. It is followed by a comparative analysis of how the carrier’s duty to provide a seaworthy ship could be aligned with autonomous shipping in the scope of the Hague/Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules.
Dieses Papier beschäftigt sich mit den sozialen und praktischen Folgen der autonomen Schifffahrt und Digitalisierung für Seeleute. Ziel ist es, eine Grundlage für weitere Diskussionen, Forschung und Strategieentwicklung zu bieten. Die Auswirkungen der Digitalisierung und insbesondere der autonomen Schifffahrt auf Seeleute sollen in den weiteren Kontext des Schiffsbetriebs gestellt werden und dabei die Digitalisierung von Schiffen und deren Systemen, die digitale Transformation des Schiffsbetriebs, die größere Autonomie der Schiffe und ihrer Systeme, den sich neu abzeichnenden Trend zur Zusammenarbeit zwischen landgestützten Betriebszentren (Remote Operating Centers, ROCS) und schiffszentrierten Input berücksichtigen und in einen Zusammenhang bringen.
Abstrakt Prawo morskie stoi wobec nowych wyzwań spowodowanych pojawieniem się statków autonomicznych, zwanych również bezzałogowymi. Wraz z rozwojem nowoczesnych technologii pojawiają się nowe ryzyka, podczas gdy dawne ulegają marginalizacji. Poniż-szy artykuł proponuje możliwe scenariusze rozwoju regulacji prawnej dotyczącej stat-ków autonomicznych. Jego druga część poświęcona jest analizie postanowień konwencji IMO o odpowiedzialności cywilnej i ich zastosowania do statków bezzałogowych na przykładzie CLC. Słowa kluczowe: statki autonomiczne, statki bezzałogowe, konwencje o odpowiedzial-ności cywilnej, CLC, sztuczna inteligencja, produkt niebezpieczny.
An overview is given of the harmonisation of maritime law that has taken place since the beginning of the twentieth century. The future role of the Committees of the International Maritime Organization (IMO) in the development of conventions is examined. The recent decisions by the IMO Legal Committee not to develop conventions on two subjects which are not covered by any conventions, namely civil liability for oil pollution caused by offshore activities and recognition of foreign judicial sales of ships, are discussed. The opening of the polar regions to shipping has resulted in the adoption by IMO of the Polar Code and has made it necessary to consider whether existing treaties need to be amended to take into account the unique conditions in these regions. In addition, the emergence of unmanned ships of various types is giving rise to a number of legal problems as regards the interpretation of existing conventions and their adaptation to such craft. The work carried out so far in these two fields is summarized, and a number of the legal issues that require a solution are highlighted.
Autonomous ships are gaining in importance and are expected to shape the future of the global shipping industry. This evolutionary shift raises serious issues about compliance with the International Regulations for Preventing Collisions at Sea 1972 (COLREGs). This paper reviews the literature on autonomous ships from the perspective of the obligations of good seamanship imposed by COLREGs. The authors conclude that to facilitate the introduction of autonomous ships, the application barriers presented by COLREGs need to be analysed. With this goal, this paper presents a perspective from navigational practice. Four nautical scientists and two deck officers were invited to give their opinions. The analysis indicates that COLREGs require further elaboration and amendments to eliminate uncertainty of interpretation. In particular, the paper highlights the need to amend the ‘look-out’ rule (COLREGs Rule 5) to permit look-out by ‘computer vision’ alone while, at the same time, preserving the distinction between vessels navigating in restricted visibility and in sight of one another.
The shipping industry is currently living in full its digital era, which is characterised by the increase of technology used in all its sectors. Although this era is highly praised among ship industry stakeholders, as it is said to optimise services, reducing the number of incidents and consequently reducing costs, it is also consider a grey area since the risks associate to it are still relatively unknown and yet to be accessed. To an industry that relies heavily in insurance, such as shipping, the necessity to analyse these risks is eminent. This chapter attempts to tackle how these new developments brought by the shipping digital era can fit into the current marine insurance legal framework.
Maritime law is in many ways a traditional area of law, were traditions are not easily discarded. Even so, maritime law has over the years proved itself flexible and able to adapt to new phenomena. Recent technological developments indicate that the concept of unmanned cargo vessels could be a reality in the near future. This paper aims to tackle the following objectives. Firstly, is the unmanned ship, with no captain or crew on board, still a ship? Numerous conventions dealing with private or public maritime law are applicable to seagoing vessels, and either apply their own definitions or do not provide any definition. National maritime laws give an equally heterogeneous picture. It may be concluded with a considerable degree of certainty that having a crew on board, including a master, is not generally regarded as an essential part of the notion of a ship in the regulatory definitions of the ship.
The second part of this paper aims to give an overview of the seaworthiness understanding. To begin with, is the unmanned ship, with no captain or crew on board, still a seaworthy ship? By way of methodology, this research’s scope embraces the concept of seaworthiness under the Carriage of Goods Conventions and our Spanish Maritime Navigation Act. A particular focus is given to the human element as a significant aspect of seaworthiness. This part will come to the conclusion that the current legal framework considers the ship’s crew as a prerequisite to qualify a ship as seaworthy, but is still necessary a “ship’s crew” on board the ship?
Finally, we will briefly look at how the unmanned vessel will affect private maritime law, including transportation of goods at sea, chartering of vessels and marine insurance. Issues concerning liability will have to be considered and dealt with in a number of areas, including the aforementioned concept of seaworthiness for the carriage of goods by sea, the concept of duty of care with respect to collisions, salvage operations, limitations of liability for maritime claims or the particular provisions concerning the liability of the master.
Additionally, the IMO is now putting the issue of autonomous ships on the agenda, so the work to review the legal implications of the unmanned vessel on existing international maritime law regulatory framework is underway. However, maritime law appears to be relatively well armed for the introduction of unmanned (either remotely operated or autonomous) merchant ships. Most existing public and private maritime law (and law of the sea) can in principle still be applied.
A systematized study of the unmanned ship’s incidence on legal issues (apart from operational ones) is necessary, but it will mean that, as in extraordinary cases takes place, the Law will be ahead of the technology.
Guidelines on the Organization and method of work of the Maritime Safety Committee and the Marine Environment Protection Committee and their Subsidiary Bodies
- Msc-Mepc
MSC-MEPC.1/Circ.4/Rev.2 Guidelines on the Organization and method of work of the Maritime Safety
Committee and the Marine Environment Protection Committee and their Subsidiary Bodies, 4.14(4).
145. Convention on the International Maritime Organization (IMO), Art.1.