Contractual and Tortious Maritime Liability Regimes and the Introduction of Autonomous Vessels

The introduction of autonomous ships for commercial operations will not remove contractual and tortious liability between contracting parties and third parties. Maritime law contains a mixture of fault-based liability (collision and carriage of goods) and strict liability (carriage of passengers and pollution). However, what is common to both is that liability is premised on human agency and choices. Autonomous vessels with self-learning capabilities fundamentally challenge traditional notions of agency choice and liability. This paper will examine to whom liability ought to be allocated in collision claims when the control of humans is removed. For centuries, liability in collisions has been fault-based. The introduction of artificial intelligence is making the determination of fault or liability in negligence increasingly difficult. This paper questions whether fault-based liability for collisions involving ships navigated without human control is appropriate and suggests that strict liability may be the logical solution albeit with some difficulty.