In 2015 the CMI set up an International Working Group on Maritime Law for
Unmanned Craft to consider the challenges presented by ships operating without
crews. In 2017 the Working Group prepared a position paper discussing the effects
of the emergence of unmanned vessels on the regulatory maritime framework in
certain international treaties (UNCLOS, SOLAS, COLREG. STCW and MARPOL),
as well as questions of civil and criminal liability.
68
In the CMI position paper it is suggested that there are three main kinds of rules to
be distinguished in this context. There are jurisdictional rules setting out States’
rights and obligations to take measures in respect of ships, and these rules are mainly
laid down in UNCLOS. In addition, there are technical rules relating to inter alia
safety, environment and training and watchkeeping standards. These technical rules
are generally adopted by special agencies of the United Nations, notably by IMO.
Finally, there are provisions of a private law character for purpose of harmonising
maritime law regarding for instance civil liability for pollution, limitation of liability,
collisions and losses relating to cargo.
69
The CMI Working Group carried out an analysis of the main provisions of the
most relevant IMO Conventions to establish how these provisions could apply to
unmanned ships. This exercise resulted in the identification of three categories of
provisions, i.e. those that required amendment, those that required clarification and
those that were deemed not to require any action.
70
In June 2017 the IMO Maritime Safety Committee decided to include in its work
programme a regulatory scoping exercise to establish the extent of the need to amend
the regulatory framework to enable the safe, secure and environmentally sound
operation of Maritime Autonomous Surface Ships (MASS) within the existing
IMO instruments.
71
Substantive discussions of this issue were held at the MSC sessions in May and
December 2018 on the basis of numerous documents submitted by Governments and
non-governmental organisations containing observations on various aspects of the
issue. At the latter session the MSC approved a framework for a regulatory scoping
exercise and invited Member States to volunteer to lead or support the initial review
of specific instruments, and a number of States did volunteer to take part in such a
review. The purpose of the exercise is to identify problems that unmanned ships raise
68 CMI, “Position Paper on Unmanned Ships and the International Regulatory Framework”. An
abridged version of the Position Paper prepared by Veal and Ringbom (2017).
69 The CMI Working Group had sent a questionnaire to 52 National Maritime Law Associations to
establish how national laws will respond to unmanned vessels in the context of various international
Conventions, including UNCLOS and a number of IMO instruments; replies were received from
23 of these Associations.
70 A document outlining the work carried out by the CMI Working Group was presented to the May
2018 session of the MSC (MSC 99/INF.8). The following Conventions had been analysed: SOLAS,
MARPOL, COLREG, STCW, FAL, Convention on Maritime Search and Rescue (SAR), Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA), and
Convention on Salvage.
71 MSC 98/23, paragraph 20.2.
276
M. Jacobsson
Unmanned Craft to consider the challenges presented by ships operating without
crews. In 2017 the Working Group prepared a position paper discussing the effects
of the emergence of unmanned vessels on the regulatory maritime framework in
certain international treaties (UNCLOS, SOLAS, COLREG. STCW and MARPOL),
as well as questions of civil and criminal liability.
68
In the CMI position paper it is suggested that there are three main kinds of rules to
be distinguished in this context. There are jurisdictional rules setting out States’
rights and obligations to take measures in respect of ships, and these rules are mainly
laid down in UNCLOS. In addition, there are technical rules relating to inter alia
safety, environment and training and watchkeeping standards. These technical rules
are generally adopted by special agencies of the United Nations, notably by IMO.
Finally, there are provisions of a private law character for purpose of harmonising
maritime law regarding for instance civil liability for pollution, limitation of liability,
collisions and losses relating to cargo.
69
The CMI Working Group carried out an analysis of the main provisions of the
most relevant IMO Conventions to establish how these provisions could apply to
unmanned ships. This exercise resulted in the identification of three categories of
provisions, i.e. those that required amendment, those that required clarification and
those that were deemed not to require any action.
70
In June 2017 the IMO Maritime Safety Committee decided to include in its work
programme a regulatory scoping exercise to establish the extent of the need to amend
the regulatory framework to enable the safe, secure and environmentally sound
operation of Maritime Autonomous Surface Ships (MASS) within the existing
IMO instruments.
71
Substantive discussions of this issue were held at the MSC sessions in May and
December 2018 on the basis of numerous documents submitted by Governments and
non-governmental organisations containing observations on various aspects of the
issue. At the latter session the MSC approved a framework for a regulatory scoping
exercise and invited Member States to volunteer to lead or support the initial review
of specific instruments, and a number of States did volunteer to take part in such a
review. The purpose of the exercise is to identify problems that unmanned ships raise
68 CMI, “Position Paper on Unmanned Ships and the International Regulatory Framework”. An
abridged version of the Position Paper prepared by Veal and Ringbom (2017).
69 The CMI Working Group had sent a questionnaire to 52 National Maritime Law Associations to
establish how national laws will respond to unmanned vessels in the context of various international
Conventions, including UNCLOS and a number of IMO instruments; replies were received from
23 of these Associations.
70 A document outlining the work carried out by the CMI Working Group was presented to the May
2018 session of the MSC (MSC 99/INF.8). The following Conventions had been analysed: SOLAS,
MARPOL, COLREG, STCW, FAL, Convention on Maritime Search and Rescue (SAR), Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA), and
Convention on Salvage.
71 MSC 98/23, paragraph 20.2.
276
M. Jacobsson