Legal Analysis of Ship-Based Uncrewed Aerial Systems (UAS) Operations in the Arctic

By Samuel Senseman, Intern, Summer ’24 and Marina Lesse, Faculty
Associate–Research

Ship-based Uncrewed Aerial Systems (UAS) are an effective tool for military operations in the Arctic. These autonomous systems have several potential advantages over conventionally crewed systems including having a potentially smaller environmental impact, easier deployment, wider range, more versatility, and the mitigation of human-exposure to environmental dangers. As the seasonal Arctic ice cover continues to decrease in size due to climate change, the increasing geopolitical and economic significance of the region will likely spur an increase in the number of uncrewed systems in the region as well as crewed aircraft and vessels.     The United States Coast Guard (USCG) and the United States Navy (USN) are utilizing UAS capabilities in the Arctic for various mission sets including search and rescue (SAR) and intelligence, surveillance, and reconnaissance (ISR) operations. The 2024 DoD Arctic Strategy, released in July 2024, reaffirms the importance of integrating UAS into a broader strategy to enhance the coverage of Arctic air and maritime domains. UAS utilized in Intelligence, Surveillance, Reconnaissance (ISR) will also become part of an integrated information sharing system among key Arctic allies to improve the responsible use of air and maritime space in a region whose navigability is impeded by numerous climatic and terrain features.     

The integration of UAS into international, national, and regional airspaces is not, however, without its legal and regulatory difficulties. This report analyzes the laws, regulations, and policies relevant to operating ship-based UAS in the Arctic and finds that certain difficulties in operating UAS in the Arctic may be lessened through international and interagency agreements. Most international agreements concerned with aviation are vague in how they might be applied to unmanned systems; this is especially true for aviation travel that crosses multiple countries. Within the Arctic Region there are eight sovereign airspaces, five territorial seas, eight Flight Information Regions, high seas and international airspace. The continued evolution of UAS regulations within international, national, and regional frameworks has made tracking what exactly is and is not allowed within those areas even more difficult. The Energy Academic Group’s Climate Security Pillar will continue to analyze UAS law and policy to advance use of uncrewed systems by the U.S. and its allies..

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To learn more about EAG intern research, please visit https://nps.edu/web/eag/intern-research
EAG Contact: Marina Lesse at marina.lesse@nps.edu