Regulatory Obsolescence in the Technological Age: Analyzing whether Autonomous Vessels Have Sovereign Immunity at Sea

Abstract

Abstract In 2016, an American autonomous underwater glider was seized by the Chinese navy in the South China Sea. The United States considered this a hostile act as the glider was sovereign immune. The Chinese maintained they were merely detaining an unknown craft to properly identify it. The glider was subsequently returned to the United States. Despite this incident ending somewhat peacefully, the issues that led to and stem from it are far from resolved. Was China right in detaining an unidentified object? Or was the United States right asserting that all craft are covered by sovereign immunity if so declared? Can autonomous vessels even have sovereign immunity? These issues are symptomatic of the technological age and the struggle of law to keep pace with constant advancements: new types of vessels do not fit neatly into the definitions of current international law, putting them in regulatory limbo. If not addressed, this could lead to an escalated incident in the future. This article considers the challenges of classifying autonomous vessels under international law, the function of sovereign immunity at sea, and whether it can apply to autonomous vessels. It will also consider potential methods for clarifying the issue at law.