A Legal Study on Adaptation of the ISM Code to Maritime Autonomous Surface Ships (MASS)

Abstract

Along with increasing connectivity over the globe, public awareness of safety has grown higher than ever in history. The maritime industry is not exempted from this. In conventional shipping, maritime safety management had merely focused on ships themselves as independent and isolated objects at sea. This approach has extended to a broader context by undergoing a series of accidents. Emphasis on the human elements and management systems have been developed to fill the void in maritime safety management. In the present time, the ISM Code plays a key role in this respect. The world is changing rapidly, and new technologies are being developed at an exponential speed. Such movement does also happen in shipping despite its well-known conservativeness. Unfortunately, the maritime regulatory scheme is often tardy in reacting to changes. The maritime industry and its safety management are facing the challenge of innovation at this point in time although the ISM Code has been implemented for two decades. This study aims in attempting to deal with this dilemma. In this thesis, the ISM Code is investigated in two phases, the present and the impending future. Firstly, this study examines the status quo of the ISM Code implementation in order to reflect on both the positive and negative effects that the Code has brought to the industry. The challenges are identified as highly relevant to the human factor and interlinked with each other. For this reason, continuous learning as the backbone of safety management may be influenced in a negative way. Secondly, with respect to autonomous ships, the matter of remote control of ships poses the main challenge in applying the ISM Code. In particular, the role of a shipmaster creates a gap relating to its remote operation. Moreover, additional elements to be considered for MASS operations such as a remote control centre and cybersecurity require development of regulations. The challenges need to be addressed in terms of operational and implementation issues for the sake of effective adaptation of the ISM Code to MASS. New roles are suggested to be introduced as a result of analysis on the responsibility and authority of the master as set out in the Code for different degrees of autonomy. On account of inherent challenges of the ISM Code implementation, mandating ESG reporting through the Code is envisaged to resolve the issue and will, in turn, contribute to safety in the maritime domain. Furthermore, this study confirms that the human element will remain at the centre of MASS operations, therefore the importance of the human factor consideration is highlighted. In this context, the proposals for incorporating ergonomics in the design and development of a remote control centre and engaging operational personnel with an SMS are outlined in pursuit of continuous improvement in safety management.