The IMO Adopts the First Global Code for Autonomous Ships( continued from page 3)
and autonomous vessel technology is transitioning from concept to practical application at an accelerating pace. The Code provides critical regulatory clarity for technology developers, operators, and investors, who have long cited the absence of clear international requirements as a primary obstacle to commercialization.
From a legal perspective, the Code raises important questions around liability, insurance, and the alignment of national regulatory frameworks with the emerging international standard. The IMO’ s Legal Committee has examined the implications of autonomous shipping for existing liability and compensation treaties, concluding that while MASS can largely be accommodated within the current framework, certain concepts such as“ fault,”“ negligence,” and“ intention” require reconsideration in the context of harm caused by autonomous technology.
From a legal perspective, the Code raises important questions around liability, insurance, and the alignment of national regulatory frameworks with the emerging international standard.
Notably, the Comité Maritime International(“ CMI”) has been working with the IMO on issues relating to MASS since 2017 when the CMI established an International
Working Group on MASS(“ IWG / MASS”) to study the current international legal framework and consider what changes may be required in relation to unmanned ships. 3 The analysis considered the applicability of these regulations to MASS and the ability of such ships to comply with them. It also considered how the relevant level of autonomy might impact the regulation. The IWG / MASS also has studied the issues that arise from introduction of autonomous technology and possible strategies for resolution. Some of the questions considered by the IWG / MASS include: whether modification may be required in light of the legal issues MASS raises under the current maritime liability regime; the legal status of the ROC of a remotely operated MASS; the ability of a MASS to provide assistance to persons in distress at sea; and how the traditional functions and roles of a ship’ s Master can be performed in a MASS context.
Conclusion There is still work to be done in the development and regulation of new ships and systems to respond to unique conditions aboard an unmanned environment. The MASS Code and USCG Work Instruction domestically, provide the indispensable first chapter: a foundation upon which a mandatory framework, with technical specificity, and the commercial future of autonomous vessels will be built.
p – 2026 BLANK ROME LLP
3 comitemaritime. org / work / mass. 4 • MAINBRACE