Exercising Flag State Jurisdiction over Land-Based Remote Operation Centres for Unmanned and Autonomous Ships - an Analysis of the International Law of the Sea

Abstract

The present paper deals with the question of flag State jurisdiction in the context of an emerging technology: autonomous and unmanned ships. The absence of a crew on board such ships calls for a new type of facility for the safety of operations, that is a remote operation centre (ROC). These centres will take on essential tasks, such as overseeing or steering manoeuvres, for ships potentially flagged in different States. In order to uphold their obligation to exercise their jurisdiction and control over ships flying flag (Art. 94 (1) UNCLOS), flag States must also necessarily exercise their jurisdiction over the ROCs and their personnel stationed therein. Based on an analysis of relevant UNCLOS provisions, this paper will look into why flag States may face challenges in the law of the sea to exercise such jurisdiction.