Autonomous ships and flag state: challenges and opportunities in international maritime law

Ruth García-Llave (), Fabio Héctor Echeverry Andrade () and Daniel José Coronil Huertas ()
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Ruth García-Llave: University of Cadiz
Fabio Héctor Echeverry Andrade: University of Cadiz
Daniel José Coronil Huertas: University of Cadiz

Journal of Transportation Security, 2025, vol. 18, issue 1, No 15, 17 pages

Abstract: Abstract Autonomous surface vessels (MASS) are a disruptive innovation in maritime technology, but their deployment poses significant legal challenges in the field of international law of the sea. This article examines, within the framework of the United Nations Convention on the Law of the Sea (UNCLOS), the exercise of jurisdiction and effective flag state control over MASS, especially in situations where the Remote Operations Centre (ROC) is outside the territorial jurisdiction of the flag state. Through a doctrinal and normative analysis of existing international instruments and recent International Maritime Organisation proposals, the main regulatory gaps are identified and the challenges arising from the absence of physical crew and the decentralisation of operational control are assessed. The results show that these circumstances hinder the application of the genuine link required by UNCLOS, generate uncertainty in the attribution of responsibilities and complicate compliance with the flag state's international obligations. It is concluded that the regulatory framework needs to be adapted and clarified to ensure the legal and operational security of MASS, strengthen oversight mechanisms and guarantee the protection of state interests and the integrity of the international maritime system in the face of the growing integration of these technologies.

Keywords: MASS; Jurisdiction; UNCLOS; Flag state (search for similar items in EconPapers)
Date: 2025
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DOI: 10.1007/s12198-025-00304-z

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