Liability and responsibility in autonomous navigation: A content analysis

Abstract

This study compares maritime regulatory frameworks in Norway and the United Kingdom (UK), given the paradox of the reality of autonomous vessels in tests and in operation, while the guidelines of the International Code of Safety for Maritime Autonomous Surface Ships (MASS Code) is in development by the Maritime Safety Committee (MSC) at the International Maritime Organization (IMO). Through a content analysis, the research explores how these countries address the extracontractual liability of agents involved in maritime navigation. While acknowledging the complexity of the topic, the research aims to foresee the potential directions in autonomous navigation regulation, regarding civil liability. The study finds that, despite legal systems variations, primary liabilities are attributed to owners, operators, and masters. The fault-based system applies as a rule, but both countries consider strict liability in specific cases, e.g., oil pollution and other environmental damages. Besides these, the Supreme Court in Norway also considers liability to be strict when the damage caused results from technological failures in some cases; and the UK courts adopt the principle of the duty of care as a guideline for their decisions on strict liability, with the exception of cases of failures resulting from extremely specialised services carried by third parties, which would exempt the shipowner from liability.