LAW OF THE SEA AND
UNCREWED MARITIME VEHICLES
Article 20 of UNCLOS requires
underwater UMVs to be able
to travel on the surface when
navigating territorial seas.
Article 19 of UNCLOS prohibits
certain activities during innocent
passage (allowing for transit
through the territorial sea
of another state), including
intelligence gathering and
military exercises.
Article 94 of UNCLOS sets out
obligations of the ‘flag State’.
This includes the requirement to
take measures to ensure ships
flying its flag have the necessary
construction, equipment and
manning to ensure safety at
sea. There is some debate about
whether UMVs can satisfy these
categories.
To have the rights of a
‘ship’, devices must be
entitled by a State to fly
that State’s flag. UNCLOS
sets out the conditions for
‘flagging’ a ship.
Warships are the only vessels
that have belligerent rights -
meaning they are permitted
to conduct offensive attacks.
Other vessels are limited to
support functions.
Being classified as a
warship means that a
vessel has more rights
and a more secure claim
to sovereign immunity.
Article 32 of UNLCOS protects the
soverign immunity of warships.
Further, article 95 provides that
warships on the high seas are
only subject to the jurisdiction of
the State whose flag they fly.
Safety of passengers and crew
from electrical hazards
must be assured.
Services essential for safety
must be maintained during
emergency conditions.
Ships must protect
means of escape, and
provide readily available
fire-extinguishing appliances.
The ocean is governed by a network of
international law treaties as well as customary
international law. Each treaty has a different
focus: some apply broadly to all ships and
vessels, whereas others only apply to vessels of
a particular size. This means determining how
international law regulates a particular uncrewed
maritime vehicle (UMV) depends on the design of
the device and how they are intended to be used.
Relevant treaties include:
Produced by Dr Simon McKenzie and Isabelle Peart, Law and the Future of War research group, The University of Queensland School of Law, 2020.
Articles 39 and 40 of UNCLOS set
out activities prohibited during
transit passage. This is not as
extensive as activities prohibited
during innocent passage.
UMVs must be able to
turn off some of their
functions, or change the
way they are operating,
during certain types
of passage in order to
comply with law.
Key navigational
rights are set out in
UNCLOS and are only
available to ‘ships’.
the territorial waters
Vessels are warships if they
meet the criteria from Article
29 of UNCLOS. They must (1)
belong to the armed forces of
a State, (2) bearing external
marks distinguishing the ship
of its nationality, (3) be under
the command of an officer
duly commissioned by the
government of the State and
(4) be crewed by members
of the armed forces. Whether
UMVs can satisfy these
requirements is contested.
Requirements for
electrical installations are
set out in Regulation 2
of Chapter II-1.
Fire protection
requirements are set
out in Regulation 2
of Chapter II-2.
Lifeboats, liferafts and
life saving appliances are
buoyant apparatus must
be readily available.
• United Nations Convention on the Law of the
Sea (‘UNCLOS’),
• International Convention for the Safety of Life
at Sea (‘SOLAS’),
• Convention on the International Regulations
for Preventing Collisions at Sea (COLREGs),
• International Convention on Standards of
Training, Certification, and Watchkeeping
for Seafarers (‘STCW’),
Rule 22 imposes
Rule 5 provides
How this rule might apply to UMVs, requirements for masthead
that every vessel Further watchkeeping
and whether the capactiy to remotely control lights, sidelights, stern
shall always maintain requirements can
the vessel is necessary, is contested. lights, towing lights and
a proper look-out by be found in STCW.
all-round lights depending
sight and hearing.
on vessel length.
Regulation 11 in Chapter V
provides it must be possible to
immediately establish human
control of the ship’s steering in
Lighting
areas of high traffic density.
requirements
Rule 33 requires vessels
of 12 metres or more in
length to be provided
with a whistle and bell.
SOLAS establishes Look-out
important safety requirements
requirements
for the navigation of ships
in high traffic areas. Rule 33 further requires
that vessels of 100 metres
or more in length are
additionally provided
with a gong.
COLREGs impose
obligations on UMVs to
prevent collisions at sea. Sound
Will the UMV be It also requires vessels to requirements
operating in high have certain design features.
traffic areas?
Will the UMV be
Will the UMV
travelling through
be navigating
on the ocean?
of other States?
Some conventions – including
SOLAS, COLREGS, STCW and
MARPOL – do not apply to
HOW DOES
warships, but are nonetheless
Government vessels (and followed by many states as
INTERNATIONAL
warships) not operating for a matter of policy.
commercial purposes are not
LAW Will the UMV
bound by the same set of
treaties as commercial vessels.
Is the UMV REGULATE be used
a warship?
UMVS for commercial
?
purposes?
Commercial vessels
are bound by
the requirements
of the STCW.
Masters and chief mates must
hold appropriate certification
on a ship, based on the vessel’s
weight category.
Will the UMV have Will the UMV be
people on board carrying dangerous
(including as goods or generating
passengers)? polluting waste?
UNCLOS
The following
Conventions set out a
SOLAS establishes safety
range of environmental
requirements for ships
protection obligations. Article 192
carrying people onboard.
provides that states have
an obligation to protect
and preserve the marine
environment.
MARPOL
Convention on the Annex I, Regulation 15(D)(9)
Prevention of provides that no discharge
Marine Pollution of into the sea shall contain
Dumping of Wastes chemicals or substances
which are hazardous to the
SOLAS marine environment.
Annex VI, Regulation 12
Regulation IV(1)(a) provides provides that deliberate
Chapter VII, Annex VI, Regulation 18(1) emission of ozone depleting
that prohibition on the
Requirements for Regulations 3-6 provides that fuel oil for substances is prohibited.
dumping of wastes including
provides that dangerous combustion shall be blends
crude oil, fuel oil and materials
goods shall be safely packed, of hydrocarbons derived
set out in Regulation 4 produced for biological and
labelled and stowed. from petroleum refining.
of Chapter III. chemical warfare.
• International Convention for the Prevention the device, it is unclear if and how UMVs will be
of Pollution from Ships (‘MARPOL’), able to meet these treaty requirements. There is
• Convention on the Prevention of Marine Pollution debate amongst international and maritime lawyers
of Dumping of Wastes and Other Matter. about how strictly the treaties should be read.
There is a considerable amount of work underway
The purpose of this flowchart – which is by no
means comprehensive – is to give an indication of to clarify the situation. The International Maritime
Organization is completing a Regulatory Scoping
the kinds of factors that influence the application of
the law, and the sorts of requirements imposed by Exercise to determine how best to regulate
autonomous shipping, which may provide further
treaties in order to access certain rights. As many of
the treaties assume there will be people on-board clarity on the use of UMVs.
law.uq.edu.au/future-war