The duty to rescue at sea and Maritime Autonomous Surface Ships (MASS): Implementation under the IMO MASS code

Under the international legal framework governing Search and Rescue (SAR) at sea, flag states are required to ensure that ships flying their flag render assistance to persons in distress, while coastal states must establish and coordinate adequate SAR services within their areas of responsibility. Maritime Autonomous Surface Ships (MASS) pose challenges for ensuring compliance with rescue obligations due to difficulties in designating a master and limited embarkation and accommodation capabilities. This paper argues that autonomy does not justify an exemption from, or relief from, the duty to rescue. Against this background, the article examines how Chapter 21 (SAR) of the International Code of Safety for Maritime Autonomous Surface Ships (MASS Code) translates the duty to rescue for MASS into a goal-based structure comprising goals, functional requirements, and expected performance, aligned with SOLAS. It further delineates the respective implementation responsibilities of flag states and coastal states, with a view to ensuring that MASS can render effective assistance to persons in distress at sea. On the one hand, flag states should implement Chapter 21 by survey, certification, and approval processes and oversee compliance through classification societies. On the other hand, coastal states must integrate MASS into SAR coordination arrangements and fulfil their obligation to coordinate the disembarkation of survivors to a “place of safety,” thereby completing the ship-side rescue duty upon delivery.