been developed under the auspices of IMO. It appears doubtful whether there are any
bodies that could exercise for these treaties a role corresponding to that of the IMO
Assembly.
94
As mentioned above, the conditions laid down in the IMO Assembly Resolutions
for amending existing treaties should be considered fulfilled. So far, the experience
of the operation of unmanned craft is, however, fairly limited. It might be appropriate, therefore, to take some caution in adopting formal amendments to the relevant
treaty instruments already at this stage. As regards many provisions in these treaties
relevant to unmanned ships, there is a latitude of interpretation, and the competent
national authorities have a considerable flexibility and discretion concerning their
application to unmanned ships, in particular as regards remotely controlled craft.
Consideration might also be given to the development by IMO of guidelines for
existing types of unmanned craft which could be adjusted in the light of technical
developments.
95
In view of the uncertainty that exists as regards the applicability and interpretation
of a large number of provisions in the international regulatory framework with
respect to unmanned ships, it is important that the work in the competent committees
of IMO is pursued. It is submitted that, due to the complexities of the issues
involved, it will often be difficult during this exercise to reach agreement between
IMO member States with varying interests in respect of shipping policy in general
and as regards unmanned ships in particular. The review of the regulatory framework
and the adoption of amendments to the relevant treaty instruments and of various
types of Resolutions will most likely take a considerable time. It is crucial that IMO
and the committees involved are given sufficient resources in terms of meeting time
and staff, and that the delegations to these committees do their homework between
meetings so that the completion of the work will not be unnecessarily delayed.
6 Concluding Observations
It should be emphasized that law is not static but should develop to take into account
changes in society and in economic and social circumstances as well as technological developments, in order to ensure that the law meets the requirements of modern
society in a rapidly changing world. This applies equally to national laws and to
international treaties, although it is much more difficult to amend international
treaties than national laws.
94 Pending the result of the review of the international regulatory framework, various stakeholders,
mainly in the unmanned maritime industry, have commenced to prepare codes of practice for
unmanned operations. Sometimes this work is being carried out in collaboration with national
maritime authorities. Such codes could serve as interim solutions pending the result of the work
undertaken within IMO.
95 For a detailed discussion of these issues see Veal and Tsimplis (2017), pp. 331–335; Veal and
Ringbom (2017), p. 115; Ringbom (2019), p. 20.
What Challenges Lie Ahead for Maritime Law?
283
bodies that could exercise for these treaties a role corresponding to that of the IMO
Assembly.
94
As mentioned above, the conditions laid down in the IMO Assembly Resolutions
for amending existing treaties should be considered fulfilled. So far, the experience
of the operation of unmanned craft is, however, fairly limited. It might be appropriate, therefore, to take some caution in adopting formal amendments to the relevant
treaty instruments already at this stage. As regards many provisions in these treaties
relevant to unmanned ships, there is a latitude of interpretation, and the competent
national authorities have a considerable flexibility and discretion concerning their
application to unmanned ships, in particular as regards remotely controlled craft.
Consideration might also be given to the development by IMO of guidelines for
existing types of unmanned craft which could be adjusted in the light of technical
developments.
95
In view of the uncertainty that exists as regards the applicability and interpretation
of a large number of provisions in the international regulatory framework with
respect to unmanned ships, it is important that the work in the competent committees
of IMO is pursued. It is submitted that, due to the complexities of the issues
involved, it will often be difficult during this exercise to reach agreement between
IMO member States with varying interests in respect of shipping policy in general
and as regards unmanned ships in particular. The review of the regulatory framework
and the adoption of amendments to the relevant treaty instruments and of various
types of Resolutions will most likely take a considerable time. It is crucial that IMO
and the committees involved are given sufficient resources in terms of meeting time
and staff, and that the delegations to these committees do their homework between
meetings so that the completion of the work will not be unnecessarily delayed.
6 Concluding Observations
It should be emphasized that law is not static but should develop to take into account
changes in society and in economic and social circumstances as well as technological developments, in order to ensure that the law meets the requirements of modern
society in a rapidly changing world. This applies equally to national laws and to
international treaties, although it is much more difficult to amend international
treaties than national laws.
94 Pending the result of the review of the international regulatory framework, various stakeholders,
mainly in the unmanned maritime industry, have commenced to prepare codes of practice for
unmanned operations. Sometimes this work is being carried out in collaboration with national
maritime authorities. Such codes could serve as interim solutions pending the result of the work
undertaken within IMO.
95 For a detailed discussion of these issues see Veal and Tsimplis (2017), pp. 331–335; Veal and
Ringbom (2017), p. 115; Ringbom (2019), p. 20.
What Challenges Lie Ahead for Maritime Law?
283