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UNDERSTANDING AND ESTABLISHING LEGAL REGIMES FOR UNMANNED UNDERWATER VEHICLES (UUV) BY: - ADITYA BHUSHAN, ADITYA NARAYAN & KHUSHAL
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UNDERSTANDING AND ESTABLISHING LEGAL REGIMES FOR
UNMANNED UNDERWATER VEHICLES (UUV)
AUTHORED BY: - ADITYA BHUSHAN,
ADITYA NARAYAN & KHUSHAL
Introduction
Naval
combat has always included dynamic means and techniques. For better or worse,
it has changed and grown over time. We developed aircraft carriers from the
wind-sailing ships that were once used to transport soldiers. During the second
world war, we witnessed the advancement of submarines, torpedoes, and the usage
of underwater mines. This entire development also resulted in modifications to
the legal and regulatory framework controlling naval warfare. The autonomous
underwater vehicles (AUVs), unmanned underwater vehicles (UUVs), and remotely
operated underwater vehicles (ROUVs) are the most recent developments in the
field. As their name implies, these are unmanned underwater vehicles that can
be employed for a variety of tasks, including mapping, finding submerged
wrecks, gathering intelligence, conducting scientific missions, and spying. As
this technology advanced, there were many queries about the regulations that
would govern its use. The definition of AUVs, UUVs, and ROUVs is one of the key
issues. Whether it qualifies as a ship or vessel is up for debate. One of
the main reasons for questioning this topic is because the United Nations
Convention of the Law of the Sea (UNCLOS) is silent on its definition, which
makes it difficult to determine who would be held liable for any harm that
happen to these vehicles or these vehicles may do. This article examines the
most recent developments made by India and other nations participating in
Colombo Security Conclave, their implications for national security, and
the legal frameworks that govern their usage.
Review of the Present state of Technological advancement on unmanned
underwater vehicles (UUV) comprising autonomous underwater vehicles (AUV) and
remotely operated underwater vehicles (ROUV)
The 1960s
saw the start of AUV development. Several testbeds were created in the 1970s.
The development of AUVs was significantly impacted by a number of technology
developments that occurred outside the AUV community in the 1980s. Complex
guiding and control algorithms could potentially be implemented on autonomous
platforms using small, low power CPUs and memory. The commercial market
expanded between 2000 and 2010. As new solutions to technological issues
emerged over time, the focus of technology development shifted. Development
regarding
• Autonomy / Cooperation /
Intelligent Systems and Technologies • Energy Systems / Energy management •
Navigation • Sensor Systems and Processing • 3D Imaging • Communications[1], took
place.[2]
Apart from the
abovementioned areas, progress is being done in the following areas:
Hydrodynamics and Control
Systems, Autonomous Manipulation, Work Systems, User Interface, Development
Tools, Emulation, Modelling, Distributed Control, Software System Architecture,
Hardware System Architecture, Standardization, Platform Design, Cost,
Reliability, and Robustness are all topics covered in the section on guidance
and low level control.
UUVs
Development in India
India's
UUV projects are still in their early stages, and according to industry observers,
all parties involved must adopt an all-encompassing and inclusive strategy.
Although it is still in its infancy, this new field of defensive technology has
been introduced by the solutions and goods provided by Larson and Toubro
defensive, Mazagon Shipbuilders Ltd (MDL), and the Defence Research and
Development Organisation (DRDO).
ADAMYA
Adamya is a UUV that can be
deployed from submarines using torpedo tubes with a 533-mm dimension. It can
run continuously for more than eight hours. It can be launched from a submarine
torpedo tube despite being 5 meters long and rather hefty without the need for
any further modifications to the submarine. Using the integrated launch and
recovery mechanisms, it may also be launched from surface ships. According to
L&T, the Adamya can dive up to 500 meters underwater for more than eight
hours at a speed of about four knots based on information that is in the public
domain. Numerous systems allow for customization of the operational payload to
the requirements of the user.[3]
AMOGH
Amogh
is a third-gen AUV that was created in partnership with Edgelab and
Larsen & Toubro in Mumbai, India. The International Hydrographic
Organization's criteria for hydrographic surveys and navigation safety are both
adhered to in the design of Amogh. The integrated LARS-Launch & Recovery
System and maintenance support system in the containerized design make it
suited for quick implementation and installation. Amogh is a top-tier AUV for
hydrographic and underwater monitoring and identification missions because of its
cutting-edge sensors, payloads, propulsion, and energy system.
Main features[4]
It can operate for 22 hours at the depth of
1000meters and attain a maximum speed of 5 knots
MAYA[5]
Application / Uses
Oceanographic
in-situ data collection
Salient Technical Features
including Competing Features
Fully autonomous,
pre-programmed missions, easy to operate through a user friendly GUI. Length
1.8m, diameter 0.23m,depth range 200m, nominal speed 1.5m/s, endurance ~ 6 hrs.
Science payloads: CTD sensor, Chlorophyll sensor, Oxygen
DRDO
In addition, flat-fished shaped UUVs with pre-programmed
algorithms and mission criteria have been created by the Defence Research and
Development Organisation (DRDO). The submersible, which can go at seven km/h,
is managed by an on-board computer. The UUV has all of its algorithms and
mission needs pre-programmed and is made to operate at depths of more than 300
meters. 10 of these ships are being considered for purchase by the Indian Navy.
The vehicle can operate for a long time from land or a ship.[6]
MDL XLUUV
The XLUUV design was
created by Mazagon Dock (MDL), the top submarine constructor in India. Its
functions include, payload placement, periodic communication, and execution of
pre-planned missions and return to base. The Expression of Interest was
also published by Mazagon Dock Shipbuilders Limited. A similar EOI for the creation of Mine
Reconnaissance Autonomous Underwater Vehicles (MRAUV) has been issued.[7]
The Vishakhapatnam-based
Naval Science and Technology Laboratory (NSTL) is also actively working to
construct what it refers to as an indigenously designed AUV. India has the
'Samudra', a 'low cost' AUV that runs underwater with pre-programmed inputs,
for deep-sea exploration. It can do "path detection, obstacle avoidance,
and target identification" underwater since it has an on-board image
processing unit.[8]
Regarding the nations
taking part in the Colombo Security Conclave, institutions and organisations
like Sri Lanka's "National Aquatic Resources Research and Development
Agency (NARA)," "National Institute of Oceanography & Marine
Sciences-Research," and "Centre for Defence Research and Development
(CRD)" are working to develop and advance UUVs for both scientific and
military uses. Bangladesh is home to "Bangladesh Oceanographic Research
Institute, Bangladesh Institute of Maritime Research and Development."
Maldives, Mauritius, and Seychelles are the other three nations that are not
actively involved in the development of this technology.
Applications
of AUVs and ROUVs and their implications on national security of nations
UUVs
can support or carry out a mission in the interest of national security in a
variety of contexts and applications. Nine of those diverse contexts and
applications have been identified[9],
(i)
Intelligence Surveillance and Reconnaissance
(ISR);
(ii)
Mine Countermeasures (MCM);
(iii)
Anti-Submarine Warfare (ASW);
(iv)
Inspection/Identification (ID);
(v)
Oceanography/Hydrography;
(vi)
Communication/Navigation Network Nodes (CN3);
(vii)
Payload Delivery;
(viii)
Influence Activities (IA);
(ix)
Time Critical Strike (TCS).
The
next section discusses a few of the aforementioned types.
1. Intelligence Surveillance and
Reconnaissance (ISR):
The
maritime domain has highlighted a need for persistent ISR. ISR is crucial for a
variety of UUV missions and applications in addition to its usual use in
intelligence gathering. The goal of carrying out ISR operations from a UUV is
to gather intelligence data above and below the ocean surface (electromagnetic,
optical, air sampling, weather, acoustic signals, water sampling, ocean bottom
equipment monitoring, and object localisation) while avoiding enemy detection.
Persistent littoral ISR, harbour or port monitoring, Chemical, Biological,
Nuclear, Radiological, Explosive (CBRNE) detection and localization,
surveillance sensor emplacement, battle damage assessment, active target
designation, and more are just a few of the specific ISR UUV capabilities.[10]
The
ISR mission area includes the gathering and delivery of a variety of data
kinds, including target detection and localization, mapping (such as
oceanography and intelligence preparation of the battlespace (IPB)), and all
forms of intelligence collection (imagery, audio, and water profiling). Because
they can operate at great standoff distances, in shallow water, independently,
and with a level of covert capability not found in other systems, UUVs are
ideally suited for information gathering.[11]
2. Mine Countermeasures (MCM):
The
UUV's MCM mission may be the most challenging one. The MCM mission is one of
the most difficult due to the abundance of mine types, their accessibility to
prospective opponents, their simplicity of use across a wide range of water
depths, and the nature of MCM operations, where there is no room for error.
These parameters can be met by MCM mission types in operating contexts with a
variety of mine hazards. They consist of[12]:
v Reconnaissance-
Detection, Classification, Identification and Localization;
v Clearance-
Neutralization and Breaching;
v Sweeping-
Mechanical and Influence;
v Protection-
Spoofing and Jamming.
Mine
detection and neutralisation are MCM tasks that are amenable to near-term UUV
solutions. They can be divided into the phases of detect, classify, identify,
and neutralise. The oceanographic and ISR missions are advantageous to MCM.[13]
3. Anti-Submarine Warfare (ASW):
The
goal of ASW is to use UUVs to patrol, find, track, and transfer enemy
submarines. ASW is traditionally a labour-intensive discipline that relies on a
range of highly developed sensors to collect vast amounts of data from devices
like towed arrays and sonobuoys, from which it is possible to derive the
pertinent data necessary to determine whether a target or no-target situation
is present.[14]
AUVs
are considered another potential addition to the field of ASW because they
might function as a component of a multistatic active sonar network.
Additionally, they offer the advantages of stealth, reduced danger, reduced
manpower requirements, potential persistence, and the capacity to optimise
sensor position in 3D space in response to incoming sensor data.[15]
4. Influence Activities (IA):
UUVs
are ideal for two IA roles: the first is as a device to jam or introduce fake
data into adversary computer networks or communications, and the second is as a
submarine decoy. IA aims to trick, stop, and disrupt adversaries. UUVs are
particularly suited for a number of IA tasks that cannot be carried out by
other platforms due to their ability to operate surreptitiously in shallow
waters and regions that are too dangerous for manned platforms. This makes it
possible to move a transmitter and an antenna into close proximity to
vulnerable communications nodes.[16]
“The
advancements made in the field of UUVs may be seen as a technological
revolution that will change people's lives, yet each breakthrough has
advantages and disadvantages of its own. The use of unmanned underwater
vehicles (UUVs) is a terrific way to save human lives, but it also has the
potential to endanger national security.”
Legal and judicial issues related to UUV
Military Application and the legal
status of UUVs
Unmanned
Underwater Vehicles (UUV) used for military purposes in foreign maritime zones
is a new problem in maritime law that requires fast and thorough resolution.
There is currently no legal framework in place that governs this technology.[17]
Nonetheless, a number of States have employed UUV for a range of military
functions, including observation, transportation, espionage, mine clearing, and
assault weapons.[18]
UUV
piloted by USNS Bowditch, an oceanographic survey ship, was taken over by the
Chinese PLA Navy on December 15, 2016, 50 nautical miles inside the Philippine
Economic Exclusive Zone (EEZ) in the South China Sea. China had not made it
clear on what legal ground it had acted, despite statements attributed to the
Chinese government linked the legitimacy of the drone's arrest to both the
absence of clearly stated laws and the USA's repeated provocations in waters
that China claims to control.[19]
The US government responded by asking that China quickly return the UUV,
claiming that both the USNS Bowditch and the UUV "were undertaking routine
activities in line with international law" and that the UUV was "a
sovereign immunity vessel of the United States."[20].
After about a week, the incident was swiftly and amicably settled with the
drone's return.[21]
The
Bowditch incident demonstrates the ambiguity in international law about UUV eligibility
for legal status.
Is it possible to classify an unmanned
underwater vehicle as a vessel?
The UN Convention on the Law of the Sea does not
define a vessel, which is the main cause of contention. By interpreting Art. 29,
it appears that ships are manned, yet there is no clear definition in the
Convention. Under international law, there is no commonly agreed definition of
"vessel" or "ship," however several definitions can be
found in numerous accords .Under Convention on the International
Regulations for Preventing Collisions at sea (COLREGs), “vessel” is defined as
including “every description of watercraft used or capable of being used as a
means of transportation on water”[22].
COLREGs successfully fill the LOSC-created void in vessel concept or
definition.[23]
George K. Walker in his book went on to say that the International Law
Commission's (ILC) decision not to provide vessels or ships a strict definition
is perfectly correct. It represented the realization that there is no universal
meaning or idea of those objects among states. But, in his opinion, the vessels
definition from the American Branch International Law Association Law of the
Sea (ABILA LOS) Committee can be used for national legislation. They described
ships as "human-made technology, including a submersible vessel, capable
of navigating the sea"[24].
According to this definition, UUVs can be categorized as vessels because they
are man-made and capable of navigating the sea.
Incorporation of UUVs in existing legal
regimes
As
for the remotely controlled UUVs, it seems easier to find a legal place for
them. The ones that are deployed from a standard manned vessel are normally
considered to be part of that vessel, as it would be for a mechanical part
physically attached to the vessel (cables, cranes, robotic arms) or for
torpedoes and capsules. So, an UUV of this kind would not be considered as an
independent vessel, but simply as a part of the “mother ship” or part of its
equipment. The eventual responsibilities would be of the operator and/or of the
commander. Things become more problematic when it comes to autonomous UUVs,
which operate without direct human control. It is obvious that any vessel
operating in waters has the potential to cause harm to people, property, and
the environment, either directly or indirectly. This implies that it must
adhere to the existing rules. Rob McLaughlin underlines that USVs( Unmanned
Surface Vehicle) and UUVs are clearly subject to the Convention on
International Regulations for the Prevention of Collisions at Sea and must be
capable of avoiding collisions to the extent that they may be called to
maintain an "adequate and appropriate lookout."[25]
Considering that all autonomous UUVs are covered by COLREGs, they will need to
be built and programmed to fulfil its specifications; they must follow the
"rules of the road," operate safely, and be visible to other craft.
COLREGs rule 5 states that “every vessel shall at all times maintain a proper
look-out by sight and hearing as well as by all available means appropriate in
the prevailing circumstances and conditions so as to make a full appraisal of
the situation and of the risk of collision”. Rule 22 requires an inconspicuous,
partly submerged vessel to display a white, all-round light visible for three
miles. Under rule 33, vessels are also required to make various sound signals,
depending on their size.[26]
The
1982 UN Convention on the Law of the Sea uses the terms "ship" and
"vessel" interchangeably, without specifying a definition. Its Art.
91, which expressly outlines certain legal qualities of a "ship," emphasizes
the need for a "genuine link" to exist between a State and its ship;
this link is shown by the State providing the ship its nationality, registration
in its territory, and the ability to fly its flag. If these were the elements
that defined a vessel, a UUV may qualify as one because it has a nationality,
can be registered in a State's registries, and may have a national flag.
UUVs
are widely used around the world, and this trend is expected to continue.
Nonetheless, there is still no definitive answer as to whether they are vessels
or not. Depending on their size and application, UUVs appear to exist in a
quasi-vessel condition. Autonomous UUVs of a certain size, technological
sophistication, and use for specific applications could be termed vessels.
Meanwhile, remotely operated vehicles may be thought of as extensions of the
vessel from which they are operated. For the time being, it is evident that the
only option is to follow existing rules. To avoid mishaps and legal problems,
developers and operators should design and program UUVs to adhere to current
legal frameworks, not necessarily all of them, but at least those pertaining to
the vehicle's specific operation. UUVs would operate in a legal vacuum if they
were not covered by existing legal frameworks. New regulations will be
required, as will modifications to current ones. Furthermore, because state practice
is the cornerstone of international law, it should be prioritized.
[1] J. W. Nicholson and A. J. Healey.(2008).The
Present State of Autonomous Underwater Vehicle (AUV) Applications and
Technologies. Marine technology society journal,
42, 44-51. https://www.researchgate.net/profile/Steve-Cohan/publication/233659965_Trends_in_ROV_development/links/57d96f6608ae5f03b49a06ad/Trends-in-ROV-development.pdf#page=46.
[2] D. Richard Blidberg.(20021). The
Development of Autonomous Underwater Vehicles (AUV); A Brief Summary. Autonomous Undersea Systems Institute, Lee
New Hampshire, USA. https://www.academia.edu/download/41963082/ICRA_01paper.pdf.
[3] Huma Siddiqui.(2022,December 22). Indian Navy seeks
indigenous underwater aerial vehicles to optimise unmanned tech: Know all about
it. Financial Express. https://www.financialexpress.com/defence/indian-navy-seeks-indigenous-underwater-aerial-vehicles-to-optimise-unmanned-tech-know-all-about-it/2907602/
[4]Edge Lab.
(n.d.). Amogh: the dependable underwater survey vehicle. volantino_compressed_2.pdf (edgelab.eu).
[5] CSIR - NATIONAL INSTITUTE OF
OCEANOGRAPHY. (n.d.). Technologies - Autonomous Underwater Vehicles (AUV) . https://www.nio.org/research/technologies/autonomous-underwater-vehicles-auv.
[6] Rohan Ramesh.(n.d.). Mean Machines
India is now focusing on manufacturing underwater unmanned vehicles.. FORCE .https://forceindia.net/feature-report/mean-machines/.
[7] Mazagon Dock Shipbuilders
Limited.(2022, December05). Expression Of Interest (Eoi) Invited From Global
Firms Forcollaboration In Design, Development & Manufacturing Of
Minereconnaissance Autonomous Underwater Vehicle(Mrauv)[Advertisement].www.mazagondock.in.https://mazagondock.in/images/pdf/EY_PLG_AP_GEN_313-H_2022_MRAUV_01_23122022.pdf
[8] Supra note 6
[9] Robert W Button, John Kamp, Thomas
B Curtin, and James Dryden. (2009). A survey of missions for unmanned undersea
vehicles. RAND Corporation.(pp. xii-xiv). https://apps.dtic.mil/sti/pdfs/ADA503362.pdf.
[10] Combined Joint Operations from the
Sea Centre of Excellence.(2009, July 09) Guidance for developing maritime unmanned
systems (MUS) capability.(pp. 8-9). https://info.publicintelligence.net/CJOSCOE-MUS.pdf.
[11] Department of the Navy united states of America.(2004, November
09).The navy unmanned undersea vehicle (UUV) master plan., Navy Research and
Development, https://apps.dtic.mil/sti/pdfs/ADA511748.pdf.
[12] Ibid 12.
[13] Supra note 13
[14] Ibid
[15] Ibid
[16] Ibid
[17] Stephanie Showalter(2004), “The
Legal Status of Autonomous Underwater Vehicles,” The Marine Technology Society
Journal, vol. 38.(pp.80-83). http://nsglc.olemiss.edu/Commentary.pdf.
[18] Eric Van Hooydonk(2014), “The Law
of unmanned merchant shipping – an exploration”, The Journal of International
Maritime Law, vol. 20.(pp403-423). https://mlaus.org/wp-content/uploads/bp-attachments/5193/Drone-Ships-JIML-2.pdf.
[19] J. Borger(16 December 2016),
‘Chinese warship seizes US underwater drone in international waters’ The
Guardian <Chinese warship seizes US
underwater drone in international waters | China | The Guardian>
[20] Statement by Pentagon Press
Secretary Peter Cook on Incident in South China Sea, 16 December 2016 <Statement by Pentagon Press
Secretary Peter Cook on Incident in South China Sea > U.S. Department of
Defense > Release>
[21] Statement by Pentagon Press
Secretary Peter Cook on Return of U.S. Navy UUV, 19 December 2016<Statement by Pentagon Press
Secretary Peter Cook on Return of U.S. Navy UUV > U.S. Department of Defense
> Release>
[22] COLREGS - International
Regulations for Preventing Collisions at Sea, 1972, Rule 3 - General
definitions
[23] George K. Walker, 2012,
Definitions for the Law of the Sea: Terms Not Defined by the 1982 Convention
Martinus Nijhoff Publishers Leiden.( pp.21- 22). https://brill.com/edcollbook/title/20556.
[24] Manual.pp.34-35.
[25] McLaughlin, R. 2011, “Unmanned
Naval Vehicles at Sea: USVs, UUVs, and the Adequacy of the Law”, Journal of
Law, Information and Science, Vol. 21, pp. 111. https://search.informit.org/doi/10.3316/agispt.20124404.
[26] COLREGS - International
Regulations for Preventing Collisions at Sea, 1972. https://www.imo.org/en/About/Conventions/Pages/COLREG.aspx.
Article Information
UNDERSTANDING AND ESTABLISHING LEGAL REGIMES FOR UNMANNED UNDERWATER VEHICLES (UUV) BY: - ADITYA BHUSHAN, ADITYA NARAYAN & KHUSHAL
Authors: ADITYA BHUSHAN, ADITYA NARAYAN, KHUSHAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/08
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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