B. AIMS AND OBJECTIVES
14
C. SIGNIFICANCE OF THE RESEARCH
16
D. STRUCTURE OF THESIS
17
2. LEGAL EXAMINATION OF AUTONOMOUS SHIPS: AUTONOMOUS SHIP
DEFINITION AND CLASSIFICATION, FREEDOM OF
NAVIGATION UNDER UNCLOS
39
A. AUTONOMOUS SHIP DEFINITION AND CLASSIFICATION OF
AUTONOMOUS SHIPS ACCORDING TO HUMAN INVOLVEMENT
AND DEGREE OF AUTONOMY
40
i. Ship Definition and Autonomous Ships
42
ii. Overview of The Regulatory Scoping Exercise and
Autonomous Ships Related IMO Circulars until May 2023
44
iii. The Classification of Autonomous Ships Based on Autonomy
B. FREEDOM OF NAVIGATION FOR FULLY AUTONOMOUS SHIPS
WITHIN THE SCOPE OF UNCLOS
63
i. Nationality of Fully Autonomous Ships and the Genuine Link
ii. Freedom of Navigation of Fully Autonomous Ships at High
Seas and Exclusive Economic Zones under UNCLOS
69
iii. Safe Manning Challenges for Fully Autonomous Shipping
74
iv. Adaptability of UNCLOS and Possible Revisions for Fully
3. SAFETY CERTIFICATES OF FULLY AUTONOMOUS SHIPS
UNDER SOLAS: A REGULATORY PERSPECTIVE FOR
TECHNOLOGICAL COMPETENCE OF FULLY
A. ROLE OF SEAWORTHINESS IN LIABILITY REGIME AND NON–
COMPLIANCE WITH SEAWORTHINESS OBLIGATION
85
B. LEGAL CONSIDERATION OF ADVANCED NAVIGATIONAL
TECHNOLOGIES IN FULLY AUTONOMOUS SHIPS AND
EFFECTIVENESS OF EXISTING SOLAS REGULATIONS
92
i. Technical Adequacy of Fully Autonomous Cargo Ships for
Voyages: Ship Safety Certificates under SOLAS
93
ii. Safety Certificates for Remote Operation (Control) Centres:
Communication, Data Transfer and Steering Gear
4. COMPLIANCE OF FULLY AUTONOMOUS SHIPS WITH COLREGS:
EVALUATING COLLISION AVOIDANCE AND COLREGS–
A. DEFINITION OF COLLISION
124
B. LEGAL EXAMINATION OF COLREGS FOR FULLY AUTONOMOUS
SHIPS NAVIGATION: NAVIGATIONAL RULES AND
i. Importance of Voyage Planning for Fully Autonomous Ships’
Operations and Collision Prevention
126
ii. The Application of COLREGS to Fully Autonomous Ships:
Bridging Traditional Rules and Innovation
130
iii. Marine Casualty and Incident Reporting: Way Forward to
C. CERTIFICATE CHALLENGES FOR FULLY AUTONOMOUS
SHIPS CREW AND LIABILITY REGIME
149
5. LIABILITY OF FULLY AUTONOMOUS SHIPOWNER TO SHIPPER FOR
DAMAGES AND LOSS TO TRANSPORTED GOODS
DUE TO COLLISION UNDER THE ROTTERDAM RULES
161
A. INTRODUCTORY OVERVIEW OF THE ROTTERDAM RULES
163
B. DISCUSSION ON THE APPLICABILITY OF THE
ROTTERDAM RULES TO SOFTWARE
MANUFACTURERS AND REMOTE CREW
165
C. ANALYSING THE LIABILITY REGIME FOR FULLY
AUTONOMOUS SHIPS: ADDRESSING THE CARGO
LIABILITY IN COLLISION
177
i. StrictFault Liability of Shipowner for Collision: Legal
ii. Scope of Liability and Burden of Proof Under the
iii. Partial Liability in Fully Autonomous Ships Collision: Act of
God, Inevitable Accident, Latent Defects and Agony of the
D. SCOPE OF SHIPPER’S OBLIGATION AND SOFTWARE
MANUFACTURER’S DUTY TO UPDATE
i. Shipper’s Obligation and Relief of Liability for the Carrier
216
ii. Fully Autonomous Shipbuilding: Software Maintenance and
Due Diligence for Seaworthiness
227