Policy-oriented analysis on the navigational rights of unmanned merchant ships

ABSTRACT

The emergence of unmanned merchant ships will challenge the existing international shipping law and practice. Many legal issues regarding unmanned ships under international law await clarification, and the issues involving navigational rights are at the top of the list. This article aims to examine the navigational rights of unmanned merchant ships under the established international regulatory framework for global shipping. We find that many States, particularly the coastal States, may hold a cautious view regarding the international navigation of unmanned ships, because of uncertainties in terms of safety and reliability, questions about seaworthiness and manning, and the potential ship-source pollution incidents. Hence, we make the following suggestions: first, the International Maritime Organization plays a more proactive role in interpreting and implementing the existing rules on international navigation. Second, that flag States, coastal States, port States collaborate and consider filling the existing regulatory gaps to facilitate the development of unmanned merchant ships and to justify their navigational rights.

KEYWORDS:

• Unmanned merchant ships
• UNCLOS
• navigational rights
• IMO
• flag/port/coastal States

Acknowledgments

We are very grateful to the reviewers of the International Association of Maritime Economics (IAME) 2020 and the journal of Maritime Policy & Management for their thoughtful comments, which have been very helpful in improving our manuscript.

Disclosure statement

This article is a revised and expanded version of a paper entitled ‘Policy Oriented Analysis on Navigational Rights of the Unmanned/Autonomous Merchant Ships’ presented at the 2020 International Association of Maritime Economists Conference (IAME), Hong Kong, China; 10-13 June 2020.

Additional information

Funding

This work was supported by the Hong Kong Scholars Program [XJ2019001], the General Research Fund of the Hong Kong Special Administrative Region Research Grants Council [Project Code: Q77M], and the Shanghai Pujiang Program [2019PJC049].