Volume 28, Issue 2 (2024)
CLR 2024, 28(2): 1-31 |
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jorfi A, Saheb T, Shahbazinia M. Civil liability of the owner of autonomous ships due to ship collision. CLR 2024; 28 (2) :1-31
URL: http://clr.modares.ac.ir/article-20-72019-en.html
URL: http://clr.modares.ac.ir/article-20-72019-en.html
1- Ph. D Student in Privet Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- Assistant Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran ,t-saheb@modares.ac.ir
3- Associate Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2- Assistant Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran ,
3- Associate Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract: (649 Views)
Abstract
Artificial intelligence is expanding rapidly in various sectors of the industry, including maritime transportation. However, the use of autonomous ships can reduce collisions, which are significantly caused by human errors. However, there will be different types of artificial intelligence threats and dangers. Regarding this, in the collision of these types of ships, determining the culprit is difficult or impossible. According to the Brussels Convention of 1910, the owner of the ship is responsible for compensation based on the liability of the fault. When the ship does not have a human crew, the basics of liability caused by damage to the ship as well as the type of division of this responsibility are one of the important challenges. The findings of the study show that due to the complete independence of the ship and the difficulty of proving the fault, the traditional foundations of civil liability cannot be extended to autonomous ships. Therefore, in the collisions caused by the autonomous ship, the owner of the ship is subject to strict liability for applying these types of ships and benefiting them. The rules of responsibility for the collision of autonomous ships require new foundations and reforms that are different from traditional laws. At this stage, regulatory and judicial measures should be taken internationally and domestically to use these types of ships.
Key words: fault, autonomous ship, legal personality, risk-based, strict liability.
Artificial intelligence is expanding rapidly in various sectors of the industry, including maritime transportation. However, the use of autonomous ships can reduce collisions, which are significantly caused by human errors. However, there will be different types of artificial intelligence threats and dangers. Regarding this, in the collision of these types of ships, determining the culprit is difficult or impossible. According to the Brussels Convention of 1910, the owner of the ship is responsible for compensation based on the liability of the fault. When the ship does not have a human crew, the basics of liability caused by damage to the ship as well as the type of division of this responsibility are one of the important challenges. The findings of the study show that due to the complete independence of the ship and the difficulty of proving the fault, the traditional foundations of civil liability cannot be extended to autonomous ships. Therefore, in the collisions caused by the autonomous ship, the owner of the ship is subject to strict liability for applying these types of ships and benefiting them. The rules of responsibility for the collision of autonomous ships require new foundations and reforms that are different from traditional laws. At this stage, regulatory and judicial measures should be taken internationally and domestically to use these types of ships.
Key words: fault, autonomous ship, legal personality, risk-based, strict liability.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2023/10/17 | Accepted: 2024/05/14 | Published: 2024/08/31
Received: 2023/10/17 | Accepted: 2024/05/14 | Published: 2024/08/31
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