UNCLOS and Functional manning, margin of discretion in regulation and State responsibility -Advancing Ship Technology: Policy and legal regulation developments
UNCLOS and Functional manning, margin of discretion in regulation and State responsibility -Advancing Ship Technology: Policy and legal regulation developments
The paper proposed 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.
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
30 September 2022
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
Ntovas, Alexandros
(2022)
UNCLOS and Functional manning, margin of discretion in regulation and State responsibility -Advancing Ship Technology: Policy and legal regulation developments.
In Advancing Ship Technology Autonomy – moving the discourse from ‘disruption’ to ‘enablement’ and the upgrade of human capabilities in the digital era.
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Abstract
The paper proposed 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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Accepted/In Press date: 30 September 2022
Published date: 30 September 2022
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International Research Workshop on Advancing Ship Technology: Autonomy – moving the discourse from ‘disruption’ to ‘enablement’ and the upgrade of human capabilities in the digital era. Southampton Science Park, 30 September 2022<br/>, Southampton Science Park, Southampton, United Kingdom, 2022-09-29 - 2022-09-30
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Local EPrints ID: 471849
URI: http://eprints.soton.ac.uk/id/eprint/471849
PURE UUID: 5287dde1-f9b3-4a89-932c-a851b251afec
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Date deposited: 21 Nov 2022 17:57
Last modified: 16 Mar 2024 22:51
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