Functionalism and maritime autonomous surface ships
Functionalism and maritime autonomous surface ships
The chapter proposes a novel interpretative account that functionally constructs the UNCLOS requirement of ship manning. The legal rationale underlying the argument in favour of functional flexibility is informed by the international regulatory developments at the level of the IMO and considers that technological progress is best served by the emerging law-making philosophy of setting Goal-Based Standards. The posited methodology further proposes that the functional interpretation of manning shall be linked to a test for reviewing the flag State margin of discretion in the context of the obligation to take measures towards achieving and maintaining comprehensive safety at sea for autonomous ships.
Autonomous ships, Equivalency, Functionality, Goal-Based Standards, IMO, Manning, Standard of Review, UNCLOS.
214
Cambridge University Press
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
August 2022
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
Ntovas, Alexandros
(2022)
Functionalism and maritime autonomous surface ships.
In,
Kraska, James and Young-Kil, Park
(eds.)
Emerging Technology and the Law of the Sea.
Cambridge University Press, .
Record type:
Book Section
Abstract
The chapter proposes a novel interpretative account that functionally constructs the UNCLOS requirement of ship manning. The legal rationale underlying the argument in favour of functional flexibility is informed by the international regulatory developments at the level of the IMO and considers that technological progress is best served by the emerging law-making philosophy of setting Goal-Based Standards. The posited methodology further proposes that the functional interpretation of manning shall be linked to a test for reviewing the flag State margin of discretion in the context of the obligation to take measures towards achieving and maintaining comprehensive safety at sea for autonomous ships.
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More information
Accepted/In Press date: 2022
e-pub ahead of print date: July 2022
Published date: August 2022
Keywords:
Autonomous ships, Equivalency, Functionality, Goal-Based Standards, IMO, Manning, Standard of Review, UNCLOS.
Identifiers
Local EPrints ID: 456404
URI: http://eprints.soton.ac.uk/id/eprint/456404
PURE UUID: 25e1e950-15c0-4d39-bd8e-c5bee87ea534
Catalogue record
Date deposited: 28 Apr 2022 16:32
Last modified: 31 Mar 2023 17:05
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Contributors
Editor:
James Kraska
Editor:
Park Young-Kil
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