Unmanned Ships and Flag State Jurisdiction

The operational usage of unmanned ships is getting wider, while the legality of their presence in maritime transport has been underexplored. IMO especially envisages their operational use in international shipping after 2028, with the expectation of a mandatory goal-based MASS Code to be enforced in 2028. Accordingly, their use should be examined from the perspective of an international regulatory regime. This paper explores challenges to the rights and duties of the flag State, which is the traditional legal regime in terms of unmanned ship operation. By analyzing relevant provisions of UNCLOS and international law in relation to MASS operation, the study exhibits an apparent lack of control of the flag State based on a genuine link, leading to possible conflicts between the Coastal State and Flag State jurisdiction over unmanned ships. In this line, the study aims to provide implications on closing the gaps between current legal regime for international shipping and future technological developments to ensure unmanned ships operation in practice.