The role of the International Maritime Organization in the legal regulation of the use of modern technologies

Svetskiy Arseniy Vladimirovich ORCID: 0000-0002-0678-4841 Junior Researcher of the Environmental, Land and Agrarian Law Department, Institute of State and Law of the Russian Academy of Sciences 119019, Russia, Moscow, Znamenka str., 10 arseniy1107@gmail.com Other publications by this author

The process of digitalization affects all spheres of life today, including the marine sector. Like many other industries, the marine industry implements modern technologies for the development of navigation, as well as for optimizing the transportation of various cargoes. One of such technologies, which is being mastered by states, international organizations, commercial and non-profit organizations, and is being implemented in all spheres of human activity, is artificial intelligence and machine learning (hereinafter - AI) ^{[3, pp. 69-71]}.

AI collects data, detects patterns and based on them makes a forecast of the situation with possible decision-making options. Machine learning transforms data and patterns into algorithms to automate functions and offer more effective strategies and methods based on past, present, and predicted conditions.

Although many industries benefit from artificial intelligence and use it to optimize operations and gain valuable information, each industry has unique challenges that require optimal solutions. Understanding how the marine industry adapts artificial intelligence and machine learning will provide a clearer understanding of the work of international organizations in this field, both in legal and other aspects.

Artificial intelligence equipment studies on the basis of already available data and, based on them, learns to apply existing tools and actions independently. By analyzing routes and navigation patterns, AI can control ships without human intervention, opening up the possibility for autonomous navigation or ships with a minimum number of crew. These operations allow personnel to focus on other important tasks on the ship, ensuring safe cargo delivery and increasing transportation efficiency. For example, information about fuel consumption can find many applications to improve the efficiency of ships. Route optimization can help crews get to their destination faster and optimize their time on the water, which in turn reduces fuel costs and reduces environmental damage. Artificial intelligence can help in planning transitions, optimizing the operation of equipment used on the ship. Using detailed information about local weather conditions and forecasts, traffic patterns and fuel consumption, you can use AI to find the fastest and safest routes, as well as reduce the risks of accidents.

Artificial intelligence and machine learning technologies can track how much fuel ships consume and suggest strategies to reduce its use to better manage resources and costs. Fuel consumption can also provide insight into inefficient processes, helping to improve the efficiency of the vessel.

The obligation of States to protect and preserve the marine environment using the "best" technical and other means. States should cooperate in the development of legal mechanisms for the protection and preservation of the marine environment at the universal, regional and bilateral levels ^{[4, p. 24]}. Maintenance is an important aspect of the efficiency and safety of the vessel. When the equipment is functioning at its best, more time and fuel can be saved. Even minor damage and wear can affect entire systems, which will operate in high load mode and consume more energy and fuel, increasing the energy consumption of the vessel. And hidden damage can cause potential danger, cause an emergency.

Artificial intelligence uses sensors to analyze the performance of equipment, determining the condition of devices, notifying of problems. If uncharacteristic changes in fuel or energy consumption and heat generation are detected, an AI-equipped vessel can provide the crew with a full report on the condition of specific equipment and the system as a whole, and the crew itself performs maintenance. Since crew members have many responsibilities, monitoring equipment with artificial intelligence can provide better equipment maintenance by increasing visibility and awareness.

AI analyzes information from many sources, including radars, sensors, sonars and GPS scanners, to provide more accurate results for a specific region. During transportation by sea and when entering ports, an AI-equipped system records data about other ships and stores them. As the AI receives data from regular patterns, it can help ships navigate the water safely by encountering fewer ships. This data brings many advantages to ships, reduces collision risks, and increases safety on the water (URL: https://www.mitags.org/ai-impact-maritime-industry / (date of access: 07/23/2024)). The advantage of using AI technology is obvious, but there are certain difficulties with the introduction, use and legal support of the use of modern technology in international maritime transport.

One of the leading organizations improving international navigation, taking into account the environmental aspect, is a specialized agency of the United Nations – the International Maritime Organization (IMO), hereinafter – IMO), responsible for measures to improve the safety and security of international navigation and prevent pollution from ships. It was established through a Convention adopted under the auspices of the United Nations in Geneva on March 6, 1948. The United Nations Convention on the Law of the Sea covers some issues not regulated by IMO treaty instruments, for example, the jurisdictional powers of a coastal State. (URL:https://www.imo.org/en/OurWork/Legal/Pages/Default.aspx (accessed 07/10/2024)).

IMO provides mechanisms for cooperation between Governments in the formation of rules and regulations related to technical issues affecting international navigation, to promote the adoption of the most feasible standards for the safety and efficiency of maritime navigation, as well as for the protection of the marine environment through the prevention and control of its pollution by ships.

More than 40 conventions and agreements, as well as about a thousand codes and recommendations developed by IMO, are being implemented globally. The organization is headed by a Secretary-General, assisted by the Secretariat and about 300 international staff based at IMO headquarters in London. General Secretaries are appointed for a maximum of two terms, each of which lasts four years.

The IMO's governing body, the Assembly, consisting of representatives of all Member States, convenes every two years. The Assembly elects a 40-member Council, which meets twice a year and is the executive body of IMO (URL: https://www.un.org/ru/ecosoc/imo / (date of access: 07/09/2024)). The IMO Assembly consists of all Member States and is the highest governing body of the Organization. He is responsible for approving the work programme, voting on the budget and determining the financial arrangements of IMO.

The IMO Council is elected by the Assembly for a two-year term. It acts as the executive body of IMO and is responsible under the Assembly for overseeing the work of the Organization.

IMO consists of five main Committees:

1. Maritime Safety Committee (MSC)

2. Marine Environment Protection Committee (MEPC)

3. The Legal Committee

4. Technical Cooperation Committee

5. The Assistance Committee.

IMO is primarily concerned with the safety of navigation and the prevention of marine pollution, but the Organization has also introduced rules governing liability and compensation for damage, such as pollution caused by ships in international trade.

The 1967 Torrey Canyon disaster, which led to increased IMO technical work on pollution prevention, also served as a catalyst for work on liability and compensation. A special legal committee was established to address the legal issues raised by the world's first major tanker disaster, and the committee soon became a permanent subsidiary body of the IMO Council.

Since international navigation takes place in the oceans, the work of IMO, which is responsible for measures to improve the safety and security of international navigation and prevent pollution from ships, affects a large number of activities carried out by various States. The main objective of IMO's activities is to ensure that shipping continues to contribute to the global economy without disrupting the delicate balance of the global ocean ecosystem. IMO covers all aspects of international shipping, including the design, construction, equipment, manning, operation and disposal of ships, to ensure that this vital sector remains safe, environmentally friendly, energy efficient and reliable. In addition, the issues of "green navigation" are raised, which implies the transition to other types of fuels with a minimum or zero emission level ^{[1, pp. 33-40]}.

As for the implementation of the sustainable development plan, it is worth noting the enforcement of the main conventions and rules adopted by IMO member States actively aimed at combating marine pollution ^{[5, p. 16]}.

Another key initiative is the GMN project, officially entitled "Building Capacity to mitigate the effects of climate change in the maritime industry."

As part of the UN system, IMO is actively working on the 2030 Agenda for Sustainable Development. The Goals and objectives of sustainable development are aimed at eliminating poverty and hunger, increasing access to health, education, justice and jobs, and promoting inclusive and sustainable economic growth, while protecting our planet from environmental degradation.

Indeed, most of the elements of the 2030 Agenda will be implemented only if there is a sustainable transport sector that supports world trade and contributes to the development of the global economy.

IMO also supports the goals of managing and protecting marine and coastal ecosystems by creating areas with special navigation conditions where pollution risks are highest. In particular, to protect marine biodiversity, IMO is taking measures to reduce underwater noise from ships and to prevent collisions between ships and marine mammals (URL: https://www.imo.org/en/MediaCentre/HotTopics/Pages/SustainableDevelopmentGoals.aspx (date of application: 07/03/2024)).

Today, at the international level, IMO is one of the few organizations involved in regulating the use of modern technologies that can reduce the risks of environmental pollution. Although many of the technologies are constantly evolving and have many controversial regulatory issues, which complicates their implementation due to the lack of law enforcement practice. However, IMO currently employs a significant number of experts who are engaged in the application of modern technologies, which also affects the need for legal regulation in this area. At the moment, IMO is working on a project of marine autonomous surface ships (hereinafter referred to as the MASS). AI is part of the functionality of the MASSES, since the ship's system will have to learn from a large number of scenarios (ship situations) in order to decide what actions are best to take, for example, to prevent collisions. On ships designed within the framework of the MASSES, AI will be used in other cases. In this context, IMO has developed a set of interim guidelines for conducting MASS testing in such a way as to ensure at least the same degree of safety and environmental protection as is regulated by current regulatory documents. IMO has also agreed on a roadmap for the development of a targeted AMIS Code, which, as a first step, will be optional and will form the basis for a mandatory AMIS Code, which is expected to enter into force on January 1, 2028. Modern high-tech equipment is needed for rapid emergency response, including ground-based, satellite and ship-based radio communication systems capable of analyzing data and at the same time be distinguished by high accuracy and speed of information processing (URL:https://aiforgood.itu.int/about-ai-for-good/un-ai-actions/imo/ (date of access: 07/09/2024)).

One of the projects that includes such technological solutions is the Global Maritime Disaster Communication System (hereinafter referred to as GMDSS). In 2022, the IMO Maritime Safety Committee adopted a number of amendments designed to modernize the GMDSS and enable the use of the latest communication systems. It is expected that these amendments (including amendments to Chapters II-1, III, IV and V of SOLAS, as well as to the annex (Certificates); SOLAS Protocol of 1988; HSC Codes of 1994 and 2000; SPS Codes of 1983 and 2008; PBU Codes of 1979, 1989 and 2009) have entered into force Effective January 01, 2024, the Maritime Safety Committee also adopted an update to the International Maritime Dangerous Goods Code in accordance with updates to the United Nations Recommendations on the Transport of Dangerous Goods, which establish recommendations for all modes of transport (URL: https://www.imo.org/en/MediaCentre/MeetingSummaries/Pages/MSC-105th-session.aspx (date of application: 07/03/2024)).

In April 2022, the IMO Maritime Safety Committee discussed the issue of ensuring the safety of navigation in connection with new technical solutions and new fuels explored in accordance with the goals for reducing greenhouse gas emissions set by IMO. The IMO Maritime Safety Committee also submitted materials related to the development of safety requirements to support the achievement of the decarbonization goal for new fuels to the Subcommittee on the Transport of Goods and Containers. This subcommittee was instructed to consider these issues when updating its work plan for the development of a Safety Code and regulations for alternative Fuels, as well as to advise the Committee on how best to proceed. It is worth noting that the Subcommittee has been entrusted with the development of guidelines for the safety of ships using ammonia as fuel, with a scheduled completion date in 2023, and to review the interim recommendations for the transportation of liquefied hydrogen in bulk with a scheduled completion date by the end of 2024 (URL: https://www.imo.org/en/MediaCentre/MeetingSummaries/Pages/MSC-105th-session.aspx (date of application: 07/13/2024)).

The use of alternative fuels plays an important role in ensuring the successful implementation of IMO's initial greenhouse gas emissions strategy. The revision of the Greenhouse Gas Emissions Strategy is currently under consideration by the Marine Environment Protection Committee (hereinafter – MEPC).

IMO, as part of its Global Industry Alliance to Support Low Carbon Shipping (Low Carbon GIA), is working to promote timely ship arrivals through the use of specific data on ships and ports in order to reduce fuel consumption and greenhouse gas emissions at sea and in ports. A prerequisite for low-carbon shipping is the decision of the Marine Environment Protection Committee of the International Maritime Organization (IMO) in autumn 2018. The Committee decided to introduce a new requirement for marine vessels. It consisted in ensuring that the ship's fuel contained no more than 0.5% sulfur by weight. The introduction of the following technologies helped to achieve the result:

1. Exhaust gas Recirculation (EGR – Exhaust Gas Recirculation System);

2. Using LNG as marine fuel;

3. Selective catalytic reduction of nitrogen oxides with ammonia ^{[2, p. 23]}.

In October 2022, IMO held a symposium on the challenges and opportunities presented by renewable fuel production in the context of decarbonization of shipping, especially for developing countries, as well as the need for increased cooperation at all levels to support this global transition. Opening the symposium, IMO Secretary General Kitak Lim stressed that decarbonization of international shipping is a priority for IMO (URL: https://www.imo.org/en/MediaCentre/MeetingSummaries/Pages/Symposium-on-alternative-low--and-zero--carbon-fuels.aspx (date of application: 07/23/2024)).

Summing up the above, it should be emphasized that the maritime industry plays a significant role in world trade and cargo transportation, and thanks to technological progress, the industry is developing rapidly. One of the most significant developments in recent years has been the integration of AI technology. Artificial intelligence is fundamentally changing the marine industry, providing companies with competitive advantages and opening up new opportunities for growth and efficiency.

As artificial intelligence technology continues to evolve, its potential in the marine industry is becoming more apparent. For example, artificial intelligence-based analytics can help companies analyze data and identify patterns that were once difficult to detect. This data can be used to make informed decisions, predict potential risks, and improve efficiency. For example, AI algorithms can analyze data on fuel consumption, ship speed, and weather conditions to optimize shipping routes, reduce fuel consumption, and save money.

Another significant advantage of artificial intelligence in the marine industry is its ability to improve safety. Human error is one of the most common causes of accidents at sea, and artificial intelligence technology can help reduce this risk. For example, sensors and cameras based on artificial intelligence can detect potential hazards, such as collisions with other ships or objects, and warn the crew about the need to take preventive measures.

In addition, artificial intelligence can help companies comply with increasingly strict rules. For example, the International Maritime Organization (IMO) has set itself the goal of reducing greenhouse gas emissions in the shipping industry (URL: https://www.imo.org/en/OurWork/Environment/Pages/IMO-Strategy-on-reduction-of-GHG-emissions-from-ships.aspx (date of application: 07/01/2024)). Artificial intelligence-based analytics can help companies track their ships online and analyze their various operational parameters, such as emissions from them, identify areas for possible improvements, and develop more efficient and environmentally friendly methods for shipping cargo by sea.

Another potential application of artificial intelligence in the marine industry is autonomous navigation. With the development of advanced robotics and sensors, it is now possible to control ships remotely or autonomously. This technology, which includes machine learning and artificial intelligence, has the potential to reduce labor costs, increase efficiency and safety. The International Maritime Organization is already working on a project to introduce autonomous navigation into international maritime transport by 2028, considering the legal consequences, environmental and economic prospects of this technology.

The growing number of environmental problems of various kinds makes it necessary to develop the economy in an ecological orientation and the development of digitalization in an ecological direction ^{[6, pp. 147-149]}.

The integration of artificial intelligence technologies into the marine industry is becoming increasingly important. Artificial intelligence has the potential to revolutionize the industry by providing companies with new opportunities for growth, efficiency and sustainable development. As artificial intelligence technology continues to evolve, it is likely to become an important tool for companies in the marine industry, helping them navigate an increasingly complex and competitive landscape.