Artificial Intelligence and Autonomous Shipping: Developing the International Legal Framework

✍ Scribed by Barış Soyer; Andrew Tettenborn (editors)

• Publisher: Hart Publishing
• Year: 2021
• Tongue: English
• Leaves: 231
• Category: Library

✦ Synopsis

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts:
Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages.
Part 2 evaluates the new legal challenges that autonomous shipping will introduce and the possible need for changes in the insurance market in terms of providing cover for such vessels.
Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions, such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use.
The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field.
Written by internationally recognised experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

✦ Table of Contents

Acknowledgements
Contents
The Contributors
Table of Cases
Table of Legislation
Table of European and International Legislation
Introduction
PART I:
MASS IN THE CONTEXT OF THE EXISTING
LEGAL FRAMEWORK
1. International Regulation of Shipping and Unmanned Vessels
I. Introduction
II. The Issues Arising
III. Conclusion
2. International Law of the Sea and Autonomous Cargo 'Vessels'
I. Introduction
II. Maritime Autonomous Craft and the Law of the Sea: An Overview
III. The Threshold Question of Defining Autonomous Cargo Craft as Ships/Vessels
IV. The Entitlement of Vessels to Navigational Rights and Freedoms
V. Flag State Jurisdiction
VI. Charting the Way Forward
VII. Concluding Remarks
3. Autonomous Ships and Private Law Issues
I. Changes to Existing Regimes
II. Reach of Particular Regimes: Definition of the Vessels to Which they Apply
III. Concluding Thoughts
4. Unmanned Vessels and International Conventions for the Carriage of Goods by Sea
I. International Liability Conventions for the Carriage of Goods by Sea
II. Charterparties
III. Conclusion
PART II:
MASS: NEW LEGAL ISSUES EMERGING AND INSURANCE
5. Cyber Risks, Autonomous
Operations and Risk Perceptions
I. Changing Physical World
II. The Relevance of Cyber Risks Management for Shipping Operations
III. The Impact of Cyber Risks on International Conventions
IV. Autonomous Operations and Cyber Risks
V. Time to Consider the Liability Paradigm?
VI. Conclusion
6. Product Liability: Autonomous Ships
I. Personal Injuries
II. Physical Damage to External Commercial Property, Such as a Different Vessel
III. Physical Damage to the Autonomous Vessel Itself
IV. Losses as a Result of an Inability to Use the Autonomous Vessel for a Period for Reasons Other than the Need to Perform Physical Repairs
V. Conclusions
7. Maritime Autonomous Surface Ships: Marine Insurance Response to Risks
I. Introduction
II. Developments in the Maritime Industry
III. Issues Concerning Good Faith
IV. The Cover Afforded by Traditional Marine Policies: Non-affirmative Cover and Exclusions
V. Affirmative Cover or Exclusions
VI. The Potential Statutory Liability of Insurers
VII. Claims Presentation and Handling
VIII. Conclusion
PART III:
THE WAY FORWARD
8. The Future of Autonomous Shipping – The Regulatory Challenge
I. Introduction
II. Problems and Challenges Facing the Regulatory Process
III. The Shape of International Regulation – The Way Forward
IV. Concluding Remarks
Index