Regulatory Challenges of Maritime Autonomous Surface Ships (MASS): Advancing Towards a New Legal Framework
摘要
Maritime Autonomous Surface Ships (MASS) working with the help of artificial intelligence, machine learning, robotics, and most modern embedded systems can be viewed as a revolution in the field of shipping. The International Maritime Organisation (IMO) has classified MASS into four categories based on their degree of autonomy, which leads to the critical legal challenges in the administrative, technical, and social control over the affairs of the ship. MASS are treated as an initiative for green shipping, avoiding accidents and pollution caused by human error, reducing operational costs and ensuring economic shipping. MASS is also prone to certain cons when stepping into the international carriage of goods and passengers, such as the outdated international and national legal regulatory frameworks. The status of MASS under the United Nations Convention on the Law of the Sea (UNCLOS), the mandatory registration and genuine link requirement and the flag state jurisdiction needs to be clarified by the international community. The key IMO conventions, such as SOLAS and ISM Code, are not equipped to address the emerging challenges posed by MASS. The weak flag of convenience registry regulations will create serious headaches for international maritime safety and security, and MASS shall be used to commit illegal activity. Cybersecurity threats, ambiguities in liability, and deficiencies in search and rescue obligations complicate the deployment of MASS. This paper calls for the urgent development of a specialised MASS Code and supports a goal-based, incremental approach to legal reform, amending existing conventions where feasible and integration of cyber-risk into existing definitions of seaworthiness. Harmonised international collaboration is warranted to address related risk, ensure safety, legal clarity, and effective governance in an increasingly automated maritime domain while also maximising the benefits of this emerging technology.