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Navigating the Turbulent Waters of Liability : Making the Case for the Application of Risk-Management-Based Liability Approach to Autonomous Vessels

Öztürk, Anil LU orcid (2023) In Studies in National Governance and Emerging Technologies p.297-314
Abstract
This chapter is an effort to explore the challenges related to establishing civil liability for independent activities for Maritime Autonomous Surface Ships (MASS) and discusses how these challenges can be addressed in a manner that maintains the balance of interests implied by existing legal mechanisms. The chapter concludes that existing legal mechanisms are insufficient. They fail to recognise the autonomy of such vessels. To address the existing shortcomings, the present chapter discusses the solutions proposed in literature. Suggestions regarding the introduction of new forms of legal personhood are debunked since the level of autonomy displayed by MASS is yet to reach the desired stage that enables them to possess individual capacity... (More)
This chapter is an effort to explore the challenges related to establishing civil liability for independent activities for Maritime Autonomous Surface Ships (MASS) and discusses how these challenges can be addressed in a manner that maintains the balance of interests implied by existing legal mechanisms. The chapter concludes that existing legal mechanisms are insufficient. They fail to recognise the autonomy of such vessels. To address the existing shortcomings, the present chapter discusses the solutions proposed in literature. Suggestions regarding the introduction of new forms of legal personhood are debunked since the level of autonomy displayed by MASS is yet to reach the desired stage that enables them to possess individual capacity to drive independent activities. The chapter also rejects those proposals that support the expansion of ‘strict liability’ cases as human control in MASS decision-making processes is also gradually decreasing. The chapter argues that Bartolini’s risk-management approach, first proposed to answer the question of civil liability for robots’ autonomous behaviours, can be adapted to establish liability for independent activities of MASS. The risk-management approach espouses that liability for actions of artificial autonomous agents cannot, in general, be fault-based as neither negligence nor any other type of fault regarding these actions might not always be connected to the free will of some legal person. The approach argues that civil liability for unwelcome outcomes of such agents’ activities should be attached to legal persons that were best placed to minimise the risks and deal with such outcomes. The chapter assesses that the risk-management approach is likely to ensure that damages arising from independent activities of MASS are allocated more effectively and, in a manner, deemed as fair. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Maritime Autonomous Surface Ships (MASS), Autonomous vessels, Risk-based liability, Fault principle, Strict liability, SOLAS and MASS
host publication
Autonomous Vessels in Maritime Affairs : Law and Governance Implications - Law and Governance Implications
series title
Studies in National Governance and Emerging Technologies
editor
Johansson, Tafsir Matin ; Echebarria Fernández, Jonatan ; Dalaklis, Dimitrios ; Pastra, Aspasia and Skinner, Jon A.
pages
18 pages
publisher
Palgrave Macmillan
ISBN
978-3-031-24740-8
978-3-031-24739-2
DOI
10.1007/978-3-031-24740-8_15
language
English
LU publication?
no
id
79c07e7e-715c-4c50-aff1-712325d3b554
date added to LUP
2025-08-07 12:50:15
date last changed
2025-08-21 14:13:16
@inbook{79c07e7e-715c-4c50-aff1-712325d3b554,
  abstract     = {{This chapter is an effort to explore the challenges related to establishing civil liability for independent activities for Maritime Autonomous Surface Ships (MASS) and discusses how these challenges can be addressed in a manner that maintains the balance of interests implied by existing legal mechanisms. The chapter concludes that existing legal mechanisms are insufficient. They fail to recognise the autonomy of such vessels. To address the existing shortcomings, the present chapter discusses the solutions proposed in literature. Suggestions regarding the introduction of new forms of legal personhood are debunked since the level of autonomy displayed by MASS is yet to reach the desired stage that enables them to possess individual capacity to drive independent activities. The chapter also rejects those proposals that support the expansion of ‘strict liability’ cases as human control in MASS decision-making processes is also gradually decreasing. The chapter argues that Bartolini’s risk-management approach, first proposed to answer the question of civil liability for robots’ autonomous behaviours, can be adapted to establish liability for independent activities of MASS. The risk-management approach espouses that liability for actions of artificial autonomous agents cannot, in general, be fault-based as neither negligence nor any other type of fault regarding these actions might not always be connected to the free will of some legal person. The approach argues that civil liability for unwelcome outcomes of such agents’ activities should be attached to legal persons that were best placed to minimise the risks and deal with such outcomes. The chapter assesses that the risk-management approach is likely to ensure that damages arising from independent activities of MASS are allocated more effectively and, in a manner, deemed as fair.}},
  author       = {{Öztürk, Anil}},
  booktitle    = {{Autonomous Vessels in Maritime Affairs : Law and Governance Implications}},
  editor       = {{Johansson, Tafsir Matin and Echebarria Fernández, Jonatan and Dalaklis, Dimitrios and Pastra, Aspasia and Skinner, Jon A.}},
  isbn         = {{978-3-031-24740-8}},
  keywords     = {{Maritime Autonomous Surface Ships (MASS); Autonomous vessels; Risk-based liability; Fault principle; Strict liability; SOLAS and MASS}},
  language     = {{eng}},
  month        = {{03}},
  pages        = {{297--314}},
  publisher    = {{Palgrave Macmillan}},
  series       = {{Studies in National Governance and Emerging Technologies}},
  title        = {{Navigating the Turbulent Waters of Liability : Making the Case for the Application of Risk-Management-Based Liability Approach to Autonomous Vessels}},
  url          = {{http://dx.doi.org/10.1007/978-3-031-24740-8_15}},
  doi          = {{10.1007/978-3-031-24740-8_15}},
  year         = {{2023}},
}