AI Governance and the MASS Code: the Law of the Sea and the Adoption of the Non-mandatory Code

Abstract The duties anchoring the law of the sea – the master’s search and rescue obligation and the flag State’s qualification duty under the Law of the Sea Convention, the Collision Regulations’ look-out and collision rules, and seafarer training and watchkeeping standards – are addressed to a human in command. Maritime Autonomous Surface Ships ( MASS ) do not change these rules but unsettle the assumption of a human master and crew on which they rest. The non-mandatory MASS Code adopted at MSC 111 in May 2026 keeps a responsible master, who may act from shore but must be able to intervene; it does not govern artificial intelligence ( AI ) systems that can perform the master’s functions. The European Union’s AI Act and Korea’s AI Framework Act activate obligations on high-impact AI but lack maritime specification. This article develops four criteria for classifying shipboard AI and argues that the EU and Korea can meet those specifications.