Regulating Deep Ocean Voyages: Lessons from Titanic and Titan

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In 1914, two years after the ship sank, world powers gathered in London to discuss the Safety of Life at Sea. The SOLAS treaty emerged as the cornerstone of ship and passenger safety, continually revised over decades to standardize lifeboats, distress signals, communications, and the duty to assist. Following the Titan tragedy, experts anticipate a parallel push to regulate manned underwater vehicles, especially in international waters and the deep ocean where risks remain highest.

The regulatory landscape surrounding OceanGate has drawn scrutiny. The company has not sought certification or approval from independent bodies common in the industry. This absence of verification of core safety parameters in its engineering has long raised concerns among specialists and fuels questions about insurance requirements, which often hinge on recognized classifications.

Operating in waters where Titanic once sank, Titan’s dive activities fell outside the jurisdiction of the United States and Canada. With the diver transported on a vessel to the open sea, standard territorial rules do not apply. OceanGate, headquartered in Washington state, did not fall under regulations that would apply if dives occurred in the territorial waters of those countries, and like other submersibles, its vessel typically did not bear a national flag and did not undergo the same routine inspections as traditional ships.

There was a stark assessment from an industry observer: there is literally no requirement because no one is enforcing it. A maritime historian noted that the situation has long drawn skepticism from experts who describe offshore exploration as a potential rogue sea. Mercogliano Salt argues that the United States and Canada are likely to tighten rules in response to Titan, and the International Maritime Organization, a UN agency focused on safe shipping, could push steps to ensure submarines register as ships and fall under standard safety regimes, much like cargo vessels that carry submarines as equipment today. This shift would align submersibles with broader maritime governance.

Other voices warn of a slow regulatory drift. Expert voices from OceanGate and its founder emphasize innovation sometimes over precaution, while proponents of tighter rules point to the aviation model where decades of accidents led to rigorous safety standards. The idea is not to stifle exploration but to prevent repeat tragedies and ensure that every descent is built on solid, measurable safety practices. The debate mirrors historical moments when regulators and associations partnered after disasters to implement life saving measures, so travelers can confidently board a craft and descend thousands of meters in the future.

Human and economic cost

George Rutherglen, a maritime law scholar at the University of Virginia, indicated he would be surprised if Titan’s tragedy did not spur further regulation. The search and rescue operation consumed significant resources, underscoring the financial and humanitarian stakes involved. A veteran maritime historian noted that events with substantial costs in lives and rescue expenses often lead to new legislative action, including measures to limit access for unregulated vessels at ports.

Even so, some remain skeptical about how fast changes will occur. A San Francisco attorney pointed out that the International Maritime Organization has no binding jurisdiction over all deep ocean activities. If nations attempt to craft an international deep ocean treaty, varying national interests could slow progress. Media attention tends to wane, and with it, political momentum may fade, experts warned.

An end to depth tourism and the Titanic

The Titan tragedy also sparked calls to pause or rethink depth tourism and, in particular, expeditions to the Titanic wreck. Michael Guillen, a scientist who faced a perilous subsurface situation near the Titanic, spoke on CNN about the sea being dangerous rather than a playground. He urged reflection on the value and risks of exposing more divers to extreme depths.

Charles Haas, president of the Titanic International Society, called for careful consideration of whether crewed voyages to the wreck should continue. He suggested that autonomous unmanned vehicles could advance exploration by producing detailed, high resolution maps of wreck sites and debris fields, potentially reducing the need for human dives in fragile or hazardous environments. Haas underscored the need for stringent international oversight to prevent reckless operations, arguing that the Titanic’s security lessons should extend to all deep ocean ventures.

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