TOWARDS THE ISSUE OF INTERNATIONAL LEGAL ASPECTS OF A MARITIME AUTONOMOUS SURFACE SHIP OPERATION

Abstract

The article discusses the international legal aspects related to the operation of maritime autonomous surface ships (hereinafter - MASS) that do not require the presence of a crew on board. It is highlighted that the current «maritime» conventions do not mention MASS as a category of sea vessels, however, some doctrines and soft law acts deal with the issues of international legal regulation of the operation of MASS. These sources are revealed in the article. Problematic issues related to the operation of MASS are considered, including the shipping safety, compliance with international shipping standards to avoid ship collisions, cyber security, the status of the person responsible for safety on board and environmental protection. Due to the introduction of MASS, it was taken note of the feasibility to improve the UN Convention on the Law of the Sea (1982) in terms of regulating the rules for the peaceful passage of MASS through the territorial sea. In addition, the need to eliminate legal conflicts with the International Convention on Salvage (1989) is stated, since the possibility of an autonomous vessel to perform rescue operations remains unclear. In summary, it is needed to develop mandatory international standards in order to regulate the operation of MASS, including requirements for the design of MASS, technical regulations, minimum requirements for MASS operators. It is proposed to extend the international legal status of the captain to the operator of the remote control center, however, excluding his responsibility for violations that occur directly on board the ship (e.g. fire safety, smuggling). It is advisable to entrust the responsibility for the proper technical condition of the ship’s mechanisms to the specialists who will carry out the maintenance of the autonomous ship. The remote control center should be considered like both the wheelhouse and the central control point of the engine room.