Analysing the definition of “ship” to facilitate Marine Autonomous Surface Ships as ship under the law of the sea

Abstract

ABSTRACT The United Nations Convention on the Law of the Sea (UNCLOS) refers interchangeably to ‘ships' and/or ‘vessels', but it does not define these terms. The definition can be found in various forms in the International Maritime Organisation (IMO) instruments. There are different types of marine crafts such as marine vessels, installations, platforms, and so on which create a dichotomy in the application of laws regulating ships and enforcing rights and obligations. Meanwhile, the evolution of the Marine Autonomous Surface Ship (MASS) is the result of technological advancement, which was neither imagined nor expected when the UNCLOS treaty was negotiated. However, it is believed that it will bring about a revolution in the shipping industry, making shipping safer, cost-effective, environmentally friendly, reducing black carbon emissions and so on. The regulation of MASS would be subject to the enforcement of UNCLOS and IMO instruments, which requires MASS to fall within the definition or category of ‘ship' under the Law of the Sea. Given these concerns about the dichotomy of MASS to recognition as a ship, it is important to analyse the various definitions of ‘ship' and the interpretations made by the courts.