The protection of stowaways in international maritime law in the face of the challenge of autonomous ships

Abstract

Irregular maritime mobility constitutes one of the main legal and humanitarian challenges facing contemporary maritime transport. One of its most significant manifestations is the phenomenon of stowaways, which raises important operational and economic issues as well as concerns regarding the protection of the fundamental rights of individuals who clandestinely gain access to merchant vessels.

At the same time, the maritime sector is undergoing a profound technological transformation with the progressive introduction of autonomous vessels, or Maritime Autonomous Surface Ships (MASS), capable of operating with varying degrees of automation and even without a crew on board. This development creates new legal uncertainties concerning the application of the existing international regime governing stowaways, which was originally designed for a model of navigation based on the presence of a master and crew. This article analyses the legal implications of autonomous navigation for the management of stowaways, particularly the difficulties arising from the absence of crew in complying with obligations stemming from international instruments such as the FAL Convention, the SOLAS Convention and UNCLOS, as well as its implications for the effective exercise of flag State jurisdiction. The study concludes that autonomous navigation requires an adaptation of the international legal framework in order to ensure the protection of human rights at sea.