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8 - Functionalism and Maritime Autonomous Surface Ships
- By Alexandros X. M. Ntovas
Edited by James Kraska, United States Naval War College, Newport, Rhode Island, Young-Kil Park
Book:

Emerging Technology and the Law of the Sea

Published online:

07 July 2022

Print publication:

21 July 2022, pp 214-242
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Summary

The chapter proposes a novel interpretative account that functionally constructs the UNCLOS requirement of ship manning. The legal rationale underlying the argument in favor of functional flexibility is informed by the international regulatory developments at the level of the International Maritime Organization 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 toward achieving and maintaining comprehensive safety at sea for autonomous ships.