Maritime Autonomous Surface Ships within the International Law of the Sea and Role of Remote Master
Conference on Platform Economy and Transport Law, Antwerp, Belçika, 21 - 22 Eylül 2023, (Yayınlanmadı)
- Yayın Türü: Bildiri / Yayınlanmadı
- Basıldığı Şehir: Antwerp
- Basıldığı Ülke: Belçika
- Ankara Yıldırım Beyazıt Üniversitesi Adresli: Evet
Özet
The use of Maritime Autonomous Surface Ships (MASS) in transporting goods internationally is now a realistic prospect that raises various legal questions. The debates on this topic have gathered significant momentum, including on the issue of whether the amendment or creation of a new legal regime is required. This is a significant issue as the legal rules that will be applied to the MASS will depend on the answer to this question.
The most common view on the status of MASS is to classify them as ships and to apply to MASS those parts of the law of the sea dealing with international shipping. However, at the same time, difficulties may arise in applying these rules, which are mainly designed for conventional ships, to MASS. One obligation that might create particular difficulties is Article 94(4)(b) of the United Nations Convention of the Law of the Sea (UNCLOS), prescribing that each flag state must ensure that its ships have a master, crew and officers. This raises the question whether a new legal regime must be created to deal with MASS.
According to another view, the amendment or creation of new legal regime can be delayed until MASS are actually being used to transport goods internationally. Under this view, a key role is attributed to State practice in determining whether amending or creating the legal regime would be preferable. However, if the law relating to MASS would remain reactive than proactive, States may have difficulties in utilising MASS without a bespoken legal regime in place.
The common ground of these views is that there were some paramount regulatory barriers and uncertainties to solve in the current legal framework before MASS operations. At the heart of these discussions, the IMO has embarked on efforts to develop and establish the regulations to address MASS operations and facilitate the discussion on how such obstacles can be overcome by establishing a MASS Code. One of the implications of the regulatory scoping exercises for the use of MASS conducted by the three Committees within the body of IMO is that there should be a human master responsible for a MASS, regardless of mode of operation or degree or level of autonomy.
The presence of a remote master is likely to mitigate the tension, rising because of the lack of the master and crew on board, with the international law of the sea, since the great majority of international conventions, especially the UNCLOS, do not explicitly require the master to be on board. Albeit the lack of explicit reference to the presence of the master on board, complicating matters for the operation of MASS by a remote master is that some of the obligations set out under international conventions are likely to presuppose implicitly that a master and crew are present on board. Therefore, it can be questioned how the conventional role of the masters, their responsibilities and authorities regarding the ship, will be fit for the remote master throughout this transition.
It is evident that many legal issues exist in relation to using MASS to transport goods internationally. One such issue, which will be at the centre of the proposed presentation, is the law applicable to MASS, and when and how the law should be amended or newly created to accommodate MASS with their remote master. The presentation will start with offering an overview of the MASS with their substantial specifications. Next, the fundamental difficulties that arise from the applicable legal framework when applied to MASS will be clarified. In the end, possible scenarios that States and international organisations could follow for the integration of the MASS into the international law of the sea will also be discussed.