The article seeks to contribute to the development of a conceptual framework for the on-going regulatory discussions on autonomous ships at IMO. Section 2 elaborates on the distinction between the level of autonomy and the level of manning and highlights the sliding scale that features in both. In section 3, certain building blocks that are needed for regulating autonomous ships are identified, followed by an assessment of how key existing IMO rules deal with the challenges and an analysis of available precedents. The conclusion is that the on-going exercise is unique, almost without precedent, and that the work that has just started at IMO, so far at least, fails to address the most important -and complex -regulatory challenges.
Confronted with the failures of flag states to adequately regulate their vessels, and/or to enforce applicable law, port states may assume a subsidiary regulatory and enforcement role. Exercising port state jurisdiction (psj) over foreign-flagged vessels, these port states may give effect to generally applicable international rules and standards, or simply apply their own laws. As the exercise of psj over foreign-flagged vessels often has effects outside the port, or even aims to regulate activities beyond national jurisdiction, legitimate questions as to the territorial nature of psj can be asked. It transpires, however, that most assertions of psj can formally be justified under a broad construction of the territoriality principle. Alternatively, they can find their basis in multilateral agreements or simply in the desire to protect common concerns. As the legality net regarding psj could thus be cast rather wide, the question, i.e., to what limitations such jurisdiction is subject, inevitably arises.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.