The Use of Unmanned Ships: the Legal Challenges Relating to the Carriers’ Obligations of Seaworthiness under the Carriage of Goods by Sea Contract

Abstract

The objective of this research is to examine the legal limitations when applying to the carriers' obligations of seaworthiness under the carriage of goods by sea contract in order to propose the guidelines to amend the laws on such issues. The research results showed that, currently, the development of unmanned ship technology is in the experimental phase before being commercially used in the near future. With regards to the carriers’ obligations of seaworthiness under the carriage of goods by sea contract, it was found that, due to the vastly different operating characteristics between conventional ships and unmanned ships, this may affect the carriers’ obligations, especially the obligation to provide “properly manned” ship in terms of both number and competence as required by law. Provided that the existing laws are not properly amended, it could lead to carriers’ liability for using unmanned ships. Accordingly, the researcher suggested that the provisions governing seaworthiness and the carriers’ obligation in cases when unmanned cargo ships are used should be amended. Particularly, it should not strictly require a crew on board in every circumstance, and, simultaneously, the court should consider such obligation based on the type of ship used. Moreover, the regulations on ship inspections, training courses, and certifications should be amended with the addition of the necessary qualifications in line with the changing operation patterns to establish legal certainty, reduce the future disputes, as well as representing the adaptability to technological changes in the shipping industry.