Khanssa Lagdami, Artificial Intelligence and the Human Element in the Maritime Sector

The adoption of Artificial Intelligence (AI) in the maritime sector marks a significant technological advancement with broad implications for operational efficiency, crewing, and regulatory frameworks. While these innovations are expected to enhance safety, reduce operating costs, and promote environmental sustainability, they are also likely to introduce challenges related to workforce displacement, cybersecurity, and evolving labor regulations at sea. This chapter examines the impact of AI on the maritime workforce, more specifically seafarers. It explores how AI may affect crew size, the emergence of new roles, and new skills in the future. It also offers an analysis of the significant impact of AI on working conditions and labor rights at sea under international maritime regulations, particularly the Maritime Labour Convention (MLC), 2006, and the Standards of Training, Certification and Watchkeeping for Seafarers Convention (1978, STCW Convention), as amended. This chapter explores the intersection areas of AI and maritime law, focusing on the emerging regulatory frameworks, including the EU AI Act and the International Maritime Organization’s Maritime Autonomous Surface Ships (MASS) Code. The findings point out that while AI presents opportunities for improving the working conditions of seafarers, its use must adhere to acceptable labor standards, legal clarity, and robust cybersecurity measures.

James Kraska, Marine Genetic Resources and National Security

The 2023 BBNJ treaty’s provisions on marine biodiversity may undermine both biological and military security, preventing states from joining the agreement. The treaty, formally titled the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction, is commonly known as the BBNJ Treaty. Adopted on June 19, 2023, it protects biodiversity in areas beyond national jurisdiction (BBNJ). The United States signed the agreement on September 20, 2023, to expand marine-protected areas. The treaty regulates marine genetic resources (MGR), which implicates biotechnology. Biotechnology involves companies developing products from marine genetic resources. MGRs have commercial and scientific uses, including cancer treatments and drugs like remdesivir to fight COVID and azidothymidine (AZT). The treaty mandates data sharing through the “Clearing House Mechanism” (ClHM). But the treaty excludes intellectual property rights, forcing U.S. marine biotech firms to share trade secrets, benefiting foreign competitors and raising economic and security concerns. The U.S. Office of Naval Research (ONR) and the Defense Advanced Research Projects Agency (DARPA) have also disclosed high seas research programs. Amid economic competition with China, the US accelerates innovation, transparency goals clash with the prevailing imperative of security.

Richard L. Kilpatrick, Jr., Vessel Tracking Innovations

Law enforcement initiatives at sea are increasingly dependent on tracking vessel movements. Ship operators engaged in nefarious activities, such as weapons trafficking, piracy, and economic sanctions circumvention, attempt to operate in the shadows. But regulatory authorities and compliance-attuned commercial actors are now carefully keeping watch by analyzing vessel tracking data through new technologies that combine automatic identification system (AIS) transmissions with sophisticated satellite imagery enhanced by artificial intelligence and machine learning. Many of these products are now commercially available for legal compliance purposes, which can be especially helpful in aiding shipping industry participants in evaluating risk. At the same time, such technologies may be embraced by malign actors aiming to target merchant vessels for hostile attacks. This chapter examines these promises and perils of new vessel tracking developments. First, it traces the history of vessel tracking under international legal instruments, including AIS obligations flowing from the Safety of Life at Sea (SOLAS) Convention, as amended. It then explores the ways in which AIS transmissions have been adopted for various maritime law enforcement and compliance purposes. Finally, it highlights recent technological innovations in vessel tracking that create both enhanced transparency and new risks for commercial vessels operating at sea.

Digvijay Rewatkar, Deep Seabed Mining Technology

As states pursue net-zero emissions by mid-century, transforming energy systems and mobility is essential. This ‘Green Transition’ demands large-scale deployment of clean energy technologies and infrastructure, which requires expanding mining and mineral processing. Oceans, covering 71% of the Earth’s surface, are now seen as a new frontier for sourcing these minerals. These resources are considered strategic due to their role in clean technologies, sustainable products, and supply disruption. Consequently, the European Union, the US, India, Japan, and Australia have prioritized mineral supply security. As land-based deposits decline in quality and quantity, focus has shifted to the sea-raising environmental concerns, as the marine environment already faces over-exploitation, pollution, biodiversity loss, and climate change. Harnessing ocean resources requires sustainable, balanced approaches. Technological advances are essential, particularly due to the expiration of the two-year deadline for the mining code. Once this expires, the ISA must consider any seabed mining plans. Given the complexity of seabed mining, assessing whether seabed technologies meet sustainability goals is vital. This chapter examines the governance framework, including precautionary practices, and examines the role of states and contractors. It also maps the technological and environmental readiness and highlights adaptive management to reduce uncertainty and avoid costly mitigation.

Sindhura Polepalli, Technological Solutions to Decarbonization of Shipping

Ocean shipping handles 90% of global trade and may triple by 2050, while contributing about 3% of greenhouse gas (GHG). In 2021, the Intergovernmental Panel on Climate Change (IPCC) confirmed unprecedented warming due to human activities. Reducing emissions is complex, and needs diplomacy, science, and reform as legal frameworks emerge. This chapter examines legal and policy limits shaping maritime decarbonization through low or zero-emission fuel adoption. Progress requires technology, finance, and skills among global stakeholders. Though not under the United Nations Framework Convention on Climate Change (UNFCCC), International Maritime Organization (IMO) addresses shipping emissions by global rules. This highlights the need for cooperation among flag, coastal, and port states under IMO. While climate law promotes fairness, maritime complexity persists. The UNFCCC promotes equity through the legal doctrine of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) recognizing varied socio-economic contexts. IMO instruments apply non-discrimination and “no more favorable treatment” (NMFT), regardless of national context. The 2023 GHG Strategy balances CBDR-RC and NMFT using constructive ambiguity. Technology enables just decarbonization, possibly GHG pricing. The chapter stresses the policy need to cut maritime GHGs and how technology supports a just transition within legal frameworks, now and ahead.

Marc Fialkoff, Floating Nuclear Power Plants, Non-proliferation Norms, and the Law of the Sea

Floating Nuclear Power Plants (FNPPs) pose novel questions under existing international maritime and nuclear law regimes, as the international community has yet to agree on fundamental issues, such as what constitutes an FNPP. Whether categorized as a facility, a vessel, or a combination of both, such classification has a significant impact on nuclear security, nuclear nonproliferation, and the law of the sea. Their appeal for deployment in remote areas and support activities, such as offshore oil extraction, raises serious questions about the application of international ocean laws and nuclear nonproliferation norms. Utilizing floating nuclear power plants in areas such as the Exclusive Economic Zone and beyond presents challenges to adhering to the United Nations Convention on the Law of the Sea and nuclear laws, including the Convention on the Physical Protection of Nuclear Materials and its Amendments. What rights does the coastal state have, and what rights does the possible flag state of the FNPP possess if it is categorized as a vessel? Additionally, how would they respond in the event of a nuclear security incident? These questions underscore the connection between maritime and nuclear law and the uncertainty surrounding maritime accidents.

James Kraska and Khanssa Lagdami, The trajectory of science and technology in developing the Law of the Sea and Oceans Governance

Ceren Cerit Dindar, Autonomous Ships and Carriage of Goods by Sea

The form of a ship has changed significantly in recent decades, both structurally and technically. Despite this, one element remains constant: the crew. They have always been on board, responsible for the ship’s operation, maintenance, navigation, and safety. Recent advances in shipbuilding and automation have made unmanned vessel operation feasible. Given their economic benefits and potential for improved navigational safety over human-controlled ships, these partially or fully autonomous vessels are likely to see widespread use soon. Despite their benefits, autonomous ships also pose risks. A major challenge is the potential legal issues tied to their use, as current maritime law was designed for crew-controlled ships. The compatibility of current laws with autonomous ships remains unanswered. To address industry concerns, potential issues should be analyzed from various aspects of shipping. The purpose of this paper is to analyse autonomous ships, focusing on the carriage of goods by sea. It examines how the concept of charterparty applies to this new generation of ships; how the obligations and rights of shipowners and charterers under contracts of carriage affect by autonomous operations; and to what extent the current contractual framework, especially charter forms, must change to accommodate the carriage of goods by such vessels.

This chapter examines how the migrant women navigate the patriarchal norms and cultural expectations that commodify them as objects of Chinese national desire, positioning the bodies of white women as social capital within the Chinese marriage market and immigration system. These women’s presence is valued as a means to enhance the social standing of their Chinese husbands and their families, with their reproductive potential seen as a resource for nurturing future Chinese citizens. I argue that, despite their roles as wives and mothers, foreign women often remain as guests within their own families, as their ‘uterine power’ isn’t sufficient to guarantee their inclusion and form of belonging. To protect themselves from patriarchal pressures, these women draw on maternal instincts, social networks and strategic navigation of citizenship policies and bureaucratic loopholes, creating a delicate balance of autonomy within a system that otherwise seeks to subsume.