The Integration of Unmanned Ships into The Lex Maritima

The state of technology is such that unmanned ships are now a realistic prospect. This includes remote-controlled ships and fully autonomous ships. The operation of each presents unique challenges to regulators and other users of the sea. This article considers the ways in which unmanned ships may be integrated within the existing maritime regulatory framework and assesses the ability of such ships and their operators to comply with its requirements. The article argues that, because the onboard presence of seafarers is not an express prerequisite to “ship” status, under the various available definitions of the term, unmanned “ships” could be accommodated within the existing legal framework with small modifications. It argues that the level of autonomy of an unmanned ship has a profound bearing on its ability to comply with the requirements of this framework and that regulatory guidance on safe unmanned operations and the development of international consensus is essential in order to facilitate the use of the technology in world trade. To the extent that the new technology is commercially beneficial, its use will prevail and either a regulatory regime will need to be developed or the existing one will need to be adjusted. Within this context it is suggested that the main existing legal framework can be interpreted in a way that permits the inclusion of ships into the existing framework and that this is the easier way forward.