UNMANNED SHIPS NEED APPROPRIATE REGULATIONS
Further to the I2C (= “Eye to Sea”) European research project into the automated detection of illegal activities at sea, which involved the use of an experimental drone ship, Prof Dr Eric Van Hooydonk has made a study of the regulation of unmanned merchant ships. The study is due to appear in the next issue of the respected Journal of International Maritime Law.
Unmanned shipping would represent a breakthrough comparable to drone aircraft and driverless cars. Experimental technical studies are currently in progress. Unmanned shipping may involve remotely controlled ships as well as autonomous, computer-controlled ships, or a mixture of both technologies.
Prof Eric Van Hooydonk’s report is the very first all-inclusive study of the subject. It covers international law of the sea as well as national public law and private maritime law. It examines how effective existing maritime law would be for regulating unmanned commercial shipping, the need for a specific regulatory regime and amendment of the existing rules.
The first conclusion of the study is that unmanned vessels can be regarded as “ships” for the purposes of most international regulations. Little regulatory intervention is called for in this respect. In principle existing maritime law will continue to apply.
More difficult are the international rules governing the relationship between the flag state and the nationality of the ship. As it now stands international law requires a “genuine link” between the flag state and the ship, which inter alia finds expression in the regulation and control of the officers and crew of the ship, who are by definition absent on board an unmanned ship. In this respect international law will require fundamental reconsideration.
National regulations governing master and crew lose their relevance. The roles and legal status of the pilot, tug, harbourmaster and traffic controller will all have to be thoroughly reviewed upon the advent of unmanned shipping. Perhaps the most enduring figures will be the stowaway concealed on board the unmanned ship, and the maritime terrorist or hacker.
There will undoubtedly be a need for new technical safety regulations and stricter controls on voyage data recorders.
Commercial law would appear to be already well equipped to face the challenges of unmanned merchant shipping. The current international rules on charter parties, the carriage of goods and passengers, the limitation of the liability of the
shipowner, liability in the event of collision and pollution, salvage, liens and mortgages can in essence remain unchanged.
Aspects that will need revisiting include the roles of the ship’s agent and the ship manager. In conclusion Prof Van Hooydonk writes that maritime law, which has already weathered the transition from sail to steam and the container revolution will take unmanned shipping in its stride, on condition that the necessary changes in the regulatory framework are made in good time.