2025

Henrik Ringbom

<p>This chapter explores the relationship between autonomous ships and the UN Convention on the Law of the Sea (UNCLOS) from a flag state perspective. It addresses three issues that have been held to limit the possibilities for states to approve maritime autonomous surface ships (MASS) under their flag. The first one relates to the legality of unmanned ships and focuses on the requirements relating to masters and crews laid down in UNCLOS, which specifically require flag states to ensure that ships under their flag are adequately manned. The second hurdle relates to remote operation of ships. It discusses whether flag states can maintain their duties under UNCLOS to exercise control and jurisdiction over their ships if the actual operation of the ships is undertaken from a different state, where different rules apply and where the flag state’s jurisdiction to take enforcement measures is limited. Finally, the chapter briefly considers the duties of flag states to require masters on board their ships to render assistance to people found at sea and in distress. All three issues raise the broader question of how UNCLOS is to be read and interpreted in light of subsequent regulatory and technical developments. It is concluded that none of the three issues as such rules out the introduction of MASS but that they do impose certain new restraints that will impact how the matters are to be approached in regulatory terms.</p>