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from
Part II
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Contemporary International Law of Submarines
Natalie Klein, University of New South Wales, Sydney,Kate Purcell, University of New South Wales, Sydney,Jack McNally, University of New South Wales, Sydney
In this chapter, we assess the international law regulation of the newest forms of submarines, underwater maritime autonomous vehicles (UMAVs) and ask what changes for States’ rights and duties when an autonomous vehicle operates uncrewed and underwater. A core issue has been whether UMAVs are ships or not and we address differences emerging for floats and gliders particularly. Whether uncrewed submarines are ships or not has implications for navigational rights and duties. We also consider questions emerging under the law of armed conflict and distinctions for autonomous maritime systems (such as mines and torpedos). While State-owned and operated UMAVs are a primary focus, we also consider the international laws applying to the use of UMAVs by terrorists or criminals seeking to smuggle goods. This chapter concludes Part II of the book and brings together the key questions that remain to be answered in regulating submarines in international law.
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