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

Abstract

Autonomous surface vessels (MASS) are a disruptive innovation in maritime tech‑ nology, but their deployment poses significant legal challenges in the field of inter‑ national 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 jurisdic‑ tion 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 instru‑ ments and recent International Maritime Organisation proposals, the main regula‑ tory 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 UNC‑ LOS, generate uncertainty in the attribution of responsibilities and complicate com‑ pliance with the flag state’s international obligations. It is concluded that the regula‑ tory 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.