MASS and international maritime security law

This chapter queries the fundamentals of maritime security in their application to maritime automated surface ships or MASS. An examination is made of the way in which MASS are affected by existing treaties and laws relating to maritime security. The concept of the “ship” is so central to maritime law that questions have been raised as to the proper governance frameworks applicable to new forms of automated craft, including MASS. Maritime security does not fundamentally depart from this interrogation. It is probably true that MASS would not be exempt from existing maritime security regimes. A carefully built legal framework is somehow pushed to its limits. Legislation on sea drones is considered as a benchmark even while states have been reluctant to pre-empt regulatory efforts at the International Maritime Organization (IMO). The IMO draft MASS Code’s provisions on maritime security are discussed. It is noted that the draft Code requires that a MASS (and a remote operations centre) should operate at a level of security that is expected of a conventionally operated ship, which can arguably constitute a fallacy. The chapter adopts an interpretive approach to the principal international maritime security instruments, building on national law and case precedents.