Managing Legal Risks in Voyage Charterparties for Autonomous Ships by Esu, Raphael;

Short description:

As technology continues to reshape global industries, the maritime sector faces profound changes with the emergence of Maritime Autonomous Surface Ships (MASS). This book explores the legal challenges posed by autonomous shipping within the framework of voyage charters, focusing on several key contractual obligations. 

Long description:

As technology continues to reshape global industries, the maritime sector faces profound changes with the emergence of Maritime Autonomous Surface Ships (MASS). This book explores the legal challenges posed by autonomous shipping within the framework of voyage charters, focusing on the key contractual obligations of seaworthiness, care for cargo, and deviation. Traditionally, these obligations have assumed the presence of a human crew. Autonomous vessels challenge these established legal norms, requiring a re-evaluation of how liability is determined and shared between shipowners and charterers.

This book sets out to redefine the shipowner-charterer dynamic, offering a thorough analysis of how the absence or reduction of human presence aboard vessels affects the fulfilment of traditional maritime obligations. This book distinguishes itself by avoiding the common focus on regulatory matters. Instead, it provides a detailed exploration of the contractual relationships between shipowners and charterers, considering both commercial and technical dimensions. It addresses the necessity for adaptation in response to the rise of Maritime Autonomous Surface Ships (MASS) and offers practical guidance on how such adaptation should be approached. The goal is to equip stakeholders with the knowledge to consider and manage liability effectively within the changing landscape of maritime law. By presenting a structured framework for risk allocation using charterparty clauses, the book ensures that legal professionals and maritime stakeholders can navigate the nuances of autonomous vessels effectively.

The book is directly relevant to legal practitioners, policy-makers, and industry professionals in the maritime sector, specifically those involved in shipping and maritime law. Legal practitioners will find it valuable for its in-depth analysis of contractual obligations and liability issues in the context of Maritime Autonomous Surface Ships (MASS). Policy-makers could benefit from its insights into the evolving legal landscape, while industry professionals, such as shipowners, charterers, and maritime insurers, will appreciate the practical guidance on adapting to autonomous shipping technologies.

Table of Contents:

Acknowledgments vii Table of Abbreviations ix Glossary xi CHAPTER 1 LAYING THE FOUNDATION 1 1.0 Premise and Justification 1 1.1 Framing the Inquiry 7 1.1.1 Rethinking Seaworthiness in the Age of Autonomy 9 1.1.2 Collaborative Cargo Care in the Autonomous Era 11 1.1.3 Reframing Deviation in the Context of Autonomous Navigation 12 1.2 Scope of Analyses 14 1.2.1 Focus on Shipowner-Charterer Relationship 14 1.2.2 Temporal Focus: The Decade Ahead 15 1.2.3 Analytical Focus on Voyage Charterparties 16 1.2.4 Terminological Clarification and Operational Scope 18 1.2.5 Contractual Focus and Exclusion of Regulatory Analysis 20 1.3 Theoretical Underpinnings 21 1.4 Methodology and Methods 26 1.5 Book Outline 32 CHAPTER 2 RE-EVALUATING SEAWORTHINESS IN MARITIME AUTONOMOUS SURFACE SHIPS (MASS) 37 2.0 Background and Premise 37 2.1 The Absolute Obligation: Background and Practicality 39 2.1.1 Potential Reconstructions of the Common Law Obligation 42 2.1.2 In Favour of Maintaining the Common Law Status Quo 45 2.2 Adaptability of the Due Diligence Obligation 53 2.2.1 The Due Diligence Obligation as Adaptable to Technological Innovation 54 2.2.2 MASS Technology as Capable of Standardisation 59 2.2.3 Benchmarking: Narrowing the Standard of Care 64 2.3 General Summary and Conclusion 67  CHAPTER 3 ASSESSING THE ROLES AND RESPONSIBILITIES OF SHIPOWNERS AND CHARTERERS IN MASS CARGO CARE 75 3.0 Background and Premise 75 3.1 Data: Role, Cooperation, and Contractual Norms 81 3.1.1 Data Cooperation 85 3.1.2 Sensitivity of Data 87 3.1.3 Technical Capabilities 89 3.1.4 Contractual Norms for Communication Responsibilities 90 3.2 Cargo Risk Management 94 3.2.1 Risk Definition 96 3.2.2 Bases for Risk Allocation 98 3.3 Cooperative Clarity: Delieanating Cargoworthiness 103 3.3.1 Approaches Towards Delineation 105 3.4 Summary and Conclusion 107 CHAPTER 4 DEVIATION IN MASS—CHALLENGES AND CONSIDERATIONS 115 4.0 Background and Premise 115 4.1 First Requirement: Intention 118 4.1.1 Defining AI Intentionality 120 4.2 Second Requirement: Unreasonableness 128 4.2.1 Cybersecurity, Risk Assessment 129 4.2.3 Main Object and Operational Fluidity: Repairs in Focus 139 4.3 Summary and General Conclusion 144 CHAPTER 5 CONCLUSIONS AND CONSOLIDATION 149 5.0 Summary of Findings and Answers to Research Issues 149 5.0.1 Clarifying Position on Strict Liability 151 5.1 Room for Further Research 156 5.1.1 Long-Term and Full Automation of Ecosystem 157 5.1.2 Contracts for Hire—Time Charters and Bareboat Charters 157 5.1.3 Contracts of Affreightment Re International Transport Regulations 158 5.1.4 Regulatory Impacts 159 5.1.5 Insurance 161 5.1.6 MASS Related Industry Codes and Standards 164 5.1.7 Shippers’ Duties 166 5.2 Final Reflection 166 Index 170