This paper examines the legal position of parties involved in the carriage of goods via autonomous vessels, as these parties are not typically encountered in the context of conventional carriage carried out through traditional vessels. This study aims to define the legal position of the Shore-Based Controller (SBC), Programmer of the Voyage and Software Provider, and to explain the legal perspective in terms of cyberattacks targeting the electronic systems of autonomous vessels.
This study will apply qualitative and comparative approaches, critically analyze the relevant provisions of the Hague-Visby Rules, UAEML and the IMO Regulatory Scoping Exercise on Maritime Autonomous Surface Ships (MASS). Additionally, the author will discuss the jurisprudential perspective on the legal framework of autonomous vessels and the parties involved in these operations.
This study recommends that the relevant international conventions and UAEML may determine how can a maritime carrier, under autonomous transportation, rebut a liability if damage to, loss of goods or delay in delivering them is attributable to the act of a third party, like SBC or Voyage Programmer, where such determination should be grounded on the absence of the employment relationship between maritime carrier and these parties. It also suggests that International Sets and guidelines, as well as UAEML, should also include provisions considering hacking into a ship’s computer system, such as an attack made by a public enemy or pirates. The UAEML is also requested to illuminate the responsibility of the maritime carrier for unseaworthiness caused by the fault of SBC, computer hardware, software or software programming.
This paper is of high originality. This is because it addresses the legal framework of artificial intelligence in the context of shipping, which the UAE law has not yet addressed, despite the UAE Maritime Law coming into force in March 2024.
