This book examines some of the most pressing issues at the intersection of emerging and disruptive technologies, ocean governance, and the law of the sea. There is so much change in marine technology, and the velocity of change is increasing so quickly that it is challenging to scope the entire landscape.Footnote ¹ We have selected leading thinkers and emerging scholars to contribute to this volume, exploring how some of the most significant technologies intersect with ocean law and governance.

The first collaboration in this area, which focused on emerging technologies and the law of the sea, was edited by James Kraska and Young Kil Park (Cambridge University Press, 2022).Footnote ² That book was titled Emerging Technology and Law of the Sea and brought together two institutions focused on ocean development and the law of the sea: the Stockton Center for International Law at the US Naval War College and the Korea Maritime Institute. Similarly, this collaboration united efforts between the World Maritime University in Malmö, Sweden, and the US Naval War College, returning to some of the most compelling issues in marine technology, ocean governance, and the law of the sea. This book is an outgrowth of the findings and research questions explored by the contributors to this volume during a workshop at the World Maritime University in June 2024. The workshop was supported by the Transport General Authority of the Kingdom of Saudi Arabia and the Korea Maritime Institute.

Understanding how new technologies intersect with the law of the sea is important for implementing and progressively developing the rules that govern 71 percent of the planet. The relationship between technology and the law of the sea is dynamic, making any assessment perishable over time. The technology involves interpreting information related to the law of the sea, such as the widespread agreement that remote sensing by satellites in outer space does not constitute “marine scientific research” subject to the consent of coastal States under Article 246 of the Law of the Sea Convention. Likewise, the law of the sea is also shaping our approach to marine technology, distinguishing between those technologies that are developed and those that are not pursued. For example, the likelihood that the nascent seabed mining industry may finally become a reality is driving innovation in deep-sea operations and the protection of the marine environment.

Marine technologies are transforming virtually every aspect of humankind’s use and presence in the oceans, from how we think about protecting the marine environment and conducting marine scientific research, to fisheries and nonliving resource exploitation and conservation, as well as the role of the oceans in multipolar geopolitics. The integration of AI is revolutionizing maritime operations by automating decision-making processes and replacing human judgment with autonomous decisions.

The optimum crew for a ship may be remote and not physically present on board. Machines are enabling long-distance navigation, facilitating maintenance, predicting equipment failure, and reducing vessel source pollution, including greenhouse gas emissions. Despite funding enormous, manned warships, naval forces are racing to put to sea a vast fleet of distributed, networked drone warships that dispense with even an occasional human presence (“optionally manned”) on board.Footnote ³ Sensors are multiplying on vessels to feed data into these predictive models. Orca AI, for example, markets an infrared SeaPod system that captures thermal video through fog to supplement radar and identify collision risks.Footnote ⁴ As automation increases, the workload required of the crew during underway transit is expected to decline. The master and crew operating either remotely or on the water will harness AI to process data at a scale and speed beyond human capabilities. As the ocean environment is becoming a busier and more complex operating space, AI will provide previously unattainable fidelity, depth, and speed. AI will enable autonomous ships.

Maritime autonomous surface ships are already operating with minimal human intervention, especially for predictable routes. The sensors and real-time data can feed an AI model to enhance safe navigation, reducing human error and operating costs. In the naval domain, States are leveraging the vast potential for autonomous and unmanned subsurface, surface, and aerial vehicles to operate within the dangerous weapon engagement zone without putting humans at risk.

Marine robotics – including unmanned aerial vehicles (UAVs), unmanned surface vessels (USVs), and unmanned underwater vehicles (UUVs) – comprises a universe of drones and autonomous and sometimes expendable marine instruments that may be used to enhance inspection, maintenance, and surveillance for operations. Machines are replacing humans, as human error accounts for 75–96 percent of maritime accidents.Footnote ⁵ The US Navy is developing robotic crawlers to detect and neutralize marine mines.Footnote ⁶

New technologies are also aiding the drive for decarbonization, increasing the adoption of low-carbon fuels such as liquefied natural gas, hydrogen, ammonia, and biofuels. Wind-assisted propulsion is also gaining traction.Footnote ⁷ Wind has propelled traders across the oceans for millennia. During the nineteenth century, steam power gradually displaced wind power, followed by the advent of combustion engines. To reduce atmospheric pollution, the International Maritime Organization has established a goal to reduce emissions by 20 percent by 2030, a 70 percent cut by 2040, and full-scale decarbonization by about 2050. Wind-assisted propulsion systems (WAPS) have refined the traditional wind sail into an effective auxiliary power system that can contribute as much as one-third of the propulsion needed. This assistance can significantly reduce fuel consumption and atmospheric emissions while also extending the life of diesel engines. Bound4blue has an innovative eSAIL that can generate up to seven times the thrust of conventional rigid sails of the same size.Footnote ⁸

Ocean sensing, monitoring, and operations are also experiencing the same Internet of Things (IoT) that is occurring on land. These connections require high-speed, low-latency connectivity to facilitate real-time data transmission between ship and shore. Maritime IoT is connected through 5G with real-time links between vessels and virtual reality collaboration tools.

We know that we have only scratched the surface of the issues connecting marine technology with the ocean governance and the law of the sea. The field is changing rapidly, and much more work lies ahead.