Autonomous Vessels and Maritime Law
How unmanned ships and drones challenge existing maritime legal frameworks.
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Autonomous vessels, ships that operate with reduced or no crew using AI and remote control, are moving from concept to reality. Yara Birkeland, a Norwegian autonomous electric container ship, began operations in 2022. Autonomous ferries operate in Finland and Japan. The shipping industry estimates that autonomous vessels could reduce operating costs by 20-40 percent and eliminate most human-error accidents, which cause over 80 percent of maritime casualties.
The legal challenges are significant. UNCLOS and most maritime conventions assume ships have crews. The International Convention for the Safety of Life at Sea (SOLAS) requires a master and crew. The Convention on the International Regulations for Preventing Collisions at Sea (COLREGs) assumes a human lookout. The International Maritime Organization has been reviewing how existing instruments apply to autonomous vessels and working toward a regulatory framework.
Several fundamental legal questions remain. Who is the 'master' of an autonomous vessel? Is it the remote operator, the AI system, or the shore-based operations center? Who is liable when an autonomous vessel causes a collision? Under current law, the master has a duty to render assistance to persons in distress at sea; can an autonomous vessel fulfill this obligation?
Flag state responsibility also becomes more complex. If a vessel registered in Panama is remotely operated from Norway using AI developed in China, which state's regulations apply? The IMO is developing a code for Maritime Autonomous Surface Ships (MASS), categorizing them by degree of autonomy from crewed ships with automated systems to fully autonomous vessels with no human on board.