INTRODUCTION
The maritime industry is set to witness its fourth industrial revolution with the innovation of Smart shipping. Smart shipping involves adopting digitalized and innovative technological systems to develop remotely controlled or fully autonomous ships. This technological advancement undoubtedly requires robust regulation to ensure the maximum protection of data, the safety of life at sea, cargo on board, and of the vessel itself. In the wake of this rising revolution, the International Maritime Organization (IMO) is taking steps to ensure that the implementation of a regulatory framework for Maritime Autonomous Surface Ships (MASS) keeps pace with technological developments that are rapidly evolving. In 2021, the IMO conducted a regulatory scoping exercise on Maritime Autonomous Surface Ships that was designed to assess existing IMO instruments to see how they might apply to ships that utilize varying degrees of automation. Although, Smart shipping promises several benefits such as reduced operational cost, enhanced safety, and improved efficiency as well as reduced emission of gas and noise, Shipping companies, Seafarers, and other maritime stakeholders have a role to play by complying with relevant regulatory frameworks put in place for the efficiency of Marine Autonomous Surface Ships. This piece seeks to expound on the innovation of Smart Shipping, the current regulatory landscape, and key legal and environmental considerations for shipping companies.
WHAT IS SMART SHIPPING?
Generally, Smart shipping refers to the autonomous operation of seagoing or inland vessels. It is not limited to onboard technologies but also port and waterway design so that a ship can maneuver independently or alert the crew to an emergency based on sensor data. Smart shipping is characterized by autonomous vessels that employ cutting-edge sensors and AI for efficient navigation, remote control systems that enable operators to oversee vessel operations from shore, increasing responsiveness, and data-driven operations that leverage data analytics and predictive maintenance systems to improve performance, fuel efficiency, and route planning that transforms maritime logistics.
REGULATORY LANDSCAPE
The IMO is making concerted efforts to formulate a regulatory framework for autonomous ships. This includes the IMO's Maritime Autonomous Surface Ships (MASS) Work Program aimed at addressing the regulation of autonomous vessels. Although, anticipated future regulations are expected to cover crucial areas like safety standards, liability provisions, and environmental considerations, underscoring the IMO's commitment to shaping a comprehensive regulatory framework conducive for the integration of Smart shipping technologies.
The discussion around the legal implications of integrating autonomous ships within existing maritime regulations revolves primarily around two key international conventions- the International Convention for the Prevention of Collisions at Sea (COLREG)1 and the International Convention for the Prevention of Pollution from Ships (MARPOL).2 COLREG specifically addresses collision avoidance protocols and the role of human decision-making in real-time navigation. While there are arguments that autonomous ships could operate under COLREG as long as they maintain proper situational awareness through advanced technological solutions like cameras and sensors, there are differing opinions on whether these vessels can truly replicate human foresight. MARPOL is geared towards avoiding marine pollution although it presents obstacles in accommodating autonomous vessels even when it is projected that autonomous vessels could mitigate intentional pollution. The Convention emphasizes the need to redefine these duties to accommodate autonomous vessels.
Other Conventions like the International Convention on Maritime Search and Rescue 1979 (SAR Convention) which is aimed at international search and rescue operations present complexities in defining the role of the master on autonomous ships and their capability to assist in distress situations may subsequently need amendments or exemptions to accommodate autonomous ships, especially considering the challenges they pose to traditional search and rescue operations. Similarly, the United Nations Convention on the Law of the Sea (UNCLOS)3 play a crucial role in governing maritime activities. While UNCLOS does not explicitly define ships, it emphasizes the importance of adhering to generally accepted international regulations. This flexibility allows the IMO to regulate autonomously, notwithstanding specific requirements stated in UNCLOS, by following the principles outlined in the Convention.
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Footnotes
1. The 1972 International Regulations for Preventing Collisions at Sea. Available at https://docs.imo.org/
2. International Convention for the Prevention of Pollution from Ships
3. The United Nations Convention on the Law of the Sea.
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