Autonomous Ships and the Law

Cover
Half Title
Series Page
Title Page
Copyright Page
Contents
List of Contributors
Preface
Part I: Introduction
1. Introduction
2. Terminology and concepts
	1. Introduction
	2. Three elements of ship automation
		2.1. Technical capability
			2.1.1. Remote operability
			2.1.2. Intelligence
		2.2. Manning
		2.3. Autonomy
	3. Inter-relationship between the three elements
	4 Conclusion
	Notes
Part II: Public international law issues
3. Autonomous offender ships and international maritime security law
	1. Ship automation and the neglected maritime security dimension
	2. The commission of crimes through autonomous ships
		2.1. Autonomous offender ships: elements of ship automation
		2.2. The assumption of an on-board crew: thrown overboard
	3. The commission of piracy through autonomous offender ships
		3.1. Interpretation: leaning toward a restrictive approach
		3.2. "Ship": a generic notion accommodating technological change
		3.3. Commission by the "crew": the greatest interpretational hurdle
		3.4. Act of violence, detention, or depredation: today and in the future
	4. The commission of SUA offenses through autonomous offender crafts
		4.1. IMO Regulatory Scoping Exercise: not focused on maritime security
		4.2. Definition of "ship": the various categories of ships
		4.3. SUA offences: commission by remote-controlled crafts
	5. Conclusion
	Notes
4. Developments, challenges, and prospects at the IMO
	1. Introduction
	2. The regulatory scoping exercise
		2.1. IMO activities
		2.2. Comment
	3. The interim guidelines
	4. On the way ahead
	Notes
5. Switching off regulatory requirements: Flag state exemptions as a tool to facilitate experiments with highly automated vessels and their operational implementation
	1. Introduction
	2. Terminology
	3. The challenge ahead
	4. Setting the scene
		4.1. The international plane
		4.2. The national plane
			4.2.1. General legislation to foster experimentation
			4.2.2. Specific legislation to foster experimentation with highly automated vessels
	5. Release from regulatory requirements
		5.1. The case for a switch mechanism
		5.2. Some caveats
	6. Concluding remarks
	Notes
Part III: Liability issues
6. Unmanned ships and fault as the basis of shipowner's liability
	1. Introduction
	2. Level of autonomy and fault liability
	3. From manned to unmanned
	4. Alternative strategies of finding negligence
		4.1. Negligence in ensuring the safety of the ship
		4.2. The use of an unmanned ship as negligent risk-taking per se
	5. Conclusion
	Notes
7. Man, machine, and culpa: Or finding a path toward strict liability
	1. Introduction
	2. General considerations on technical failure and the concept of fault
		2.1. Taxonomy of technical failure
			2.1.1. General remarks
			2.1.2. Interface between automated systems and human conduct
			2.1.3. Insufficient knowledge of capabilities of automated systems
			2.1.4. Genuine technical failure
			2.1.5. External causes leading to system failure
		2.2. The dynamics and flexibility of fault-based rules
	3. Vicarious liability
		3.1. Premises for the discussion
		3.2. English law
			3.2.1. Basic principles
			3.2.2. The Muncaster Castle case
			3.2.3. The Muncaster Castle – the Court of Appeal
			3.2.4. The Muncaster Castle – the House of Lords
		3.3. Norwegian law
	4. Strict liability
		4.1. Introductory remarks
		4.2. English law
		4.3. Norwegian law
			4.3.1. General development
			4.3.2. Liability for technical failure
			4.3.3. The complexity of maritime law
			4.3.4. Concluding remarks
	5. Sketch to strict liability legislation
		5.1. Introductory remarks
		5.2. Basis of liability – strict, with modifications?
		5.3. The scope of the rule – confined to autonomous ships?
		5.4. Ship collision
	Notes
8. Diabolus ex machina: When an autonomous ship does the unexpected
	1. Introduction
		1.1. The problem
		1.2. A primer on liability law
	2. Differences between human and machine systems that may be relevant to liability law
		2.1. Human errors
		2.2. Accumulation of experience
		2.3. Adapting to new situations
		2.4. Ethical dilemmas
		2.5. Transparency
		2.6. Quality assurance
		2.7. Summary
	3. Implications for liability law
		3.1. Introduction
		3.2. Vicarious liability
			3.2.1. The problem
			3.2.2. The two approaches
			3.2.3 The choice between the approaches
			3.2.4 Insurance
			3.2.5 Collision convention
			3.2.6 Summary
		3.3. Strict liability
	4. Conclusion
	Notes
9. Autonomous ships and product liability under the EU directive
	1. Introduction
	2. Confrontation: the maritime shipowner liability regime and the product liability regime
	3. Alternative subjects of liability under product liability rules
		3.1. The ship as a product and the shipyard as a producer
		3.2. Software as a product and the software designer as producer
		3.3. Applying product liability concepts to the shipyard or the software producer
			3.3.1. The concept of defectiveness, the development risk defense, and "system errors"
			3.3.2. Limitations of liability
	4. Alternative liability regimes applicable to the same subject of liability
	5. Conclusion
	Notes
10. Autonomous technology in shipping: An increased role for negligence product liability?
	1. Introduction
	2. The product liability framework
	3. The tort of negligence
		3.1. The duty of care
			3.1.1. Extent of duty and recipients
		3.2. Evidencing the duty and/or its breach
			3.2.1. Testing, trials, and safety record
			3.2.2. Regulatory compliance (system standards)
			3.2.3. Producer warnings (pre and post circulation)
		3.3. Other components of the tort
	4. Closing remarks
	Notes
Part IV: Insurance issues
11. Hull insurance of autonomous ships according to Nordic law: What are the challenges?
	1. Introduction
	2. The risk factors tied to autonomous ships—concepts and delimitation
	3. Autonomous ships and the regulation of hull insurance
	4. The risk factors and the insurer's assessment of the risk
		4.1. Methods for managing the risk
		4.2. The significance of the reinsurance market
	5. The NP—cover of autonomous risk factors and tools for risk management
		5.1. Introduction and overview
		5.2. Perils insured against
			5.2.1. The main regulation in NP Cl. 2-8 and Cl. 2-9
			5.2.2. Exclusions for damage to the computer or program itself?
		5.3. Duty of disclosure and due care
			5.3.1. Duty of disclosure
			5.3.2. Safety regulations
			5.3.3. Gross negligence
			5.3.4. Identification
	6. Conclusions
	Notes
12. P&I perspectives
	1. Introduction
	2. P&I Club cover
		2.1. General
		2.2. Pooling and reinsurance
		2.3. P&I Club standards
		2.4. IG Autonomous Vessels Working Group
	3. P&I Club challenges in respect of MASS
		3.1. Introduction
		3.2. Definition of a "ship"
		3.3. The absence of seafarers
		3.4. Remote operators
		3.5. Artificial intelligence
		3.6. Product liability
		3.7. Claims history
	4. Looking forward
	Notes
13. Insuring autonomous vessels: Scoping the issues
	1. Introduction
	2. Insuring MASS navigational risks
	3. Insuring naked software risk
		3.1. Lessons from cyber risk insurance?
		3.2. Cyber loss randomness
		3.3. MASS navigational risk randomness
		3.4. Maximum cyber losses
		3.5. Maximum MASS losses
		3.6. Summary
	4. Insuring human navigational risks in MASSs
		4.1. Changing patterns of knowledge, fortuity, and moral hazard
		4.2. Whose decisions should insurers cover?
		4.3. ROC staff status
		4.4. Non-ROC staff interventions
		4.5. Reckless risk-taking, knowledge, and the end fortuity?
	5. Conclusion
	Notes
14. Moving forward by looking back: Insuring autonomous vessels under English hull and machinery cover and law
	1. Introduction
	2. The changing landscape of marine risks
		2.1. Marine insurance cover
		2.2. Defining cyber risks and IT hazard in marine insurance
	3. Risks of the sea, ships, and human errors: what can be learnt from The Inchmaree?
		3.1. The Inchmaree
		3.2. Software or hardware failure
		3.3. Negligence in operating or monitoring the systems of an autonomous ship
	4. The concept of proximate cause and the allocation of risks
	5. Concluding remarks
	Notes
Part V: Specific issues
15. Seaworthiness and good seamanship in the age of autonomous vessels
	1. Introduction: unmanned, automated, autonomous – what's in a name?
	2. Seaworthiness
		2.1. The concept
		2.2. Seaworthiness of autonomous vessels
	3. Good seamanship
		3.1. Introduction
		3.2. Seamanship defined
		3.3. "Seamanship" of computer systems
	Notes
16. Manning of unmanned ships
	1. Introduction
	2. The concept of automation
	3. Factors of importance for the future development
	4. Manning periodically unmanned ships
		4.1. Medical fitness and maritime training requirements
		4.2. Composition and size of the crew
		4.3. Working hours
	5. Manning unmanned remotely controlled ships
		5.1. The concept of master of the ship
		5.2. Duties of the master
	6. Conclusion
	Notes
17. Pilotage of autonomous and remotely-controlled ships
	1. Introduction
	2. Local regulation of an international industry
	3. Remote pilotage
	4. Pilotage exemptions
	5. The relationship between the pilot and the master
	6. Conclusion
	Notes
Index