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Regulating Autonomous Vessels
International, Regional, and European Regulation of Maritime Autonomous Surface Ships
Series: - Publications on Ocean Development, Volume: 103
Author:
This book adds to the legal research on autonomous vessels and proposes a combined international-supranational regulation concept, introducing the reader to the most urgent international legal aspects with respect to autonomous ships. The future legal framework must be technology-neutral and reliable, and it has to be in place as soon as possible to integrate autonomous ships into the existing international legal framework. The book provides the reader with a comprehensive and innovative comparison of different regulatory approaches, including regional and European instruments. The effect of non-binding instruments is analyzed based on rational choice theory.
Eva Ricarda Lange, Dr. iur. (2024), University of Bremen, is a German legal scholar focusing on the law of the sea and international shipping law. She has studied law in Berlin, Stockholm and Oslo.
Foreword
List of Abbreviations
1 Introduction
1. 1 Aim and Objectives
1. 2 Scope and Outline
2 Autonomous Shipping Technology
2. 1 Maritime Autonomy as a Concept
2. 1.1 Autonomy and Automation
2. 1.2 Vessel Operation without Human Presence on Board
2. 1.3 Autonomy and Manning
2. 1.4 Degrees of Autonomy
2. 1.5 Conclusions
2. 2 Technical Development and Research Projects
2. 3 Economic, Safety, Security, and Environmental Aspects
2. 3.1 Economic Aspects
2. 3.2 Safety and Security Aspects
2. 3.3 Environmental Aspects
2. 3.4 Conclusions
3 International Regulatory Framework for Commercial Shipping
3. 1 The United Nations Convention on the Law of the Sea
3. 1.1 Flag State Jurisdiction
3. 1.2 The Zonal Approach
3. 1.3 Coastal State Jurisdiction
3. 2 Port State Jurisdiction
3. 2.1 Access to Ports
3. 2.2 Port State Control
3. 2.3 Conclusions
3. 3 The imo and unclos
3. 3.1 The Competent International Organization
3. 3.2 Generally Accepted International Rules and Standards
3. 3.3 High-Priority Instruments for mass
3. 3.4 Conclusions
3. 4 The International Maritime Organization
3. 4.1 Structure
3. 4.2 Law-Making and Implementation Activities
3. 5 Conclusions
4 mass and the International Legal Framework
4. 1 Principle of Mutual Recognition
4. 2 Interpretation of International Law
4. 3 The Regulatory Scoping Exercise of the imo
4. 4 Legal Gaps for mass in the Current Legal Framework
4. 4.1 Flag State Registration and Genuine Link
4. 4.2 Safety at Sea
4. 4.3 Search and Rescue
4. 4.4 Conclusions
4. 5 National Regulatory Activities on mass
4. 5.1 Finland
4. 5.2 Norway
4. 5.3 United Kingdom
4. 5.4 France
4. 6 Conclusions
5 Means to Adapt the Legal Framework to mass
5. 1 Requirements and Recommendations for mass Regulation
5. 2 Law and Regulation
5. 2.1 Soft Law
5. 2.2 Rational Choice Theory
5. 2.3 Conclusions
5. 3 Regulation at the International Level
5. 3.1 Non-binding Instruments of the imo
5. 3.2 Amendments to the International Legal Framework
5. 3.3 A New mass Convention
5. 3.4 Decision of a Conference of the State Parties
5. 3.5 Generally Accepted International Rules and Standards
5. 3.6 Customary International Law and Subsequent State Practice
5. 3.7 Conclusions
5. 4 Regulation at the Regional Level
5. 4.1 Regional Cooperation
4.2 Maritime Cooperation in Northern and Western Europe
5. 4.3 Admissibility of an Inter-se Agreement
5. 4.4 A Regional mass Convention
5. 4.5 Conclusions
5. 5 Regulation at the Supranational Level
5. 5.1 EU Competence and Available Instruments
5. 5.2 Self-standing Act
5. 5.3 Implementing Act
5. 5.4 Conclusions
Conclusions and Outlook
References
Table of Cases
International Court of Justice
Court of Justice of the European Union
Other Court Cases
IMO Documents
Council of the International Maritime Organization
Maritime Safety Committee
Marine Environmental Protection Committee
Facilitation Committee
Legal Committee
Intersessional Working Group on MASS
Inter-Governmental Maritime Consultative Organization
Internationl Conventions and Statutory Instruments
International Conventions
EU Statutory Instruments
EEA Joint Committee
Other Statutory Instruments
Index
List of Abbreviations
1 Introduction
1. 1 Aim and Objectives
1. 2 Scope and Outline
2 Autonomous Shipping Technology
2. 1 Maritime Autonomy as a Concept
2. 1.1 Autonomy and Automation
2. 1.2 Vessel Operation without Human Presence on Board
2. 1.3 Autonomy and Manning
2. 1.4 Degrees of Autonomy
2. 1.5 Conclusions
2. 2 Technical Development and Research Projects
2. 3 Economic, Safety, Security, and Environmental Aspects
2. 3.1 Economic Aspects
2. 3.2 Safety and Security Aspects
2. 3.3 Environmental Aspects
2. 3.4 Conclusions
3 International Regulatory Framework for Commercial Shipping
3. 1 The United Nations Convention on the Law of the Sea
3. 1.1 Flag State Jurisdiction
3. 1.2 The Zonal Approach
3. 1.3 Coastal State Jurisdiction
3. 2 Port State Jurisdiction
3. 2.1 Access to Ports
3. 2.2 Port State Control
3. 2.3 Conclusions
3. 3 The imo and unclos
3. 3.1 The Competent International Organization
3. 3.2 Generally Accepted International Rules and Standards
3. 3.3 High-Priority Instruments for mass
3. 3.4 Conclusions
3. 4 The International Maritime Organization
3. 4.1 Structure
3. 4.2 Law-Making and Implementation Activities
3. 5 Conclusions
4 mass and the International Legal Framework
4. 1 Principle of Mutual Recognition
4. 2 Interpretation of International Law
4. 3 The Regulatory Scoping Exercise of the imo
4. 4 Legal Gaps for mass in the Current Legal Framework
4. 4.1 Flag State Registration and Genuine Link
4. 4.2 Safety at Sea
4. 4.3 Search and Rescue
4. 4.4 Conclusions
4. 5 National Regulatory Activities on mass
4. 5.1 Finland
4. 5.2 Norway
4. 5.3 United Kingdom
4. 5.4 France
4. 6 Conclusions
5 Means to Adapt the Legal Framework to mass
5. 1 Requirements and Recommendations for mass Regulation
5. 2 Law and Regulation
5. 2.1 Soft Law
5. 2.2 Rational Choice Theory
5. 2.3 Conclusions
5. 3 Regulation at the International Level
5. 3.1 Non-binding Instruments of the imo
5. 3.2 Amendments to the International Legal Framework
5. 3.3 A New mass Convention
5. 3.4 Decision of a Conference of the State Parties
5. 3.5 Generally Accepted International Rules and Standards
5. 3.6 Customary International Law and Subsequent State Practice
5. 3.7 Conclusions
5. 4 Regulation at the Regional Level
5. 4.1 Regional Cooperation
4.2 Maritime Cooperation in Northern and Western Europe
5. 4.3 Admissibility of an Inter-se Agreement
5. 4.4 A Regional mass Convention
5. 4.5 Conclusions
5. 5 Regulation at the Supranational Level
5. 5.1 EU Competence and Available Instruments
5. 5.2 Self-standing Act
5. 5.3 Implementing Act
5. 5.4 Conclusions
Conclusions and Outlook
References
Table of Cases
International Court of Justice
Court of Justice of the European Union
Other Court Cases
IMO Documents
Council of the International Maritime Organization
Maritime Safety Committee
Marine Environmental Protection Committee
Facilitation Committee
Legal Committee
Intersessional Working Group on MASS
Inter-Governmental Maritime Consultative Organization
Internationl Conventions and Statutory Instruments
International Conventions
EU Statutory Instruments
EEA Joint Committee
Other Statutory Instruments
Index
The book is intended for legal specialists and post-graduate students involved in international regulation of emerging technologies. It is useful for practitioners as well as professionals working at international organizations.