Autonomous Maritime Systems and International Law: Rethinking Liability and Accountability in The Age of Artificial Intelligence

Abstract

Artificial intelligence (AI) and autonomous navigation technologies are transforming the maritime sector. All these technologies allow navigation, rescue, surveillance, and combat operations of ships with minimal human interventions. This paper discusses the sufficiency of current maritime legal systems in the area of dealing with the liability, accountability and jurisdiction matters related to autonomous navigation. The paper takes a doctrinal approach and an analytical methodology whereby it critically reviews the major international conventions governing maritime challenges. It points the structural constraints within these formations, specifically, their use of human-based assumptions of navigation and decision-making. The review shows that autonomous systems cause accountability gaps related to distributed decision-making by many participants. It also brings out the issues of jurisdiction that come about as a result of cross-border operations and infrastructures that are located remotely. The article finds that current legal frameworks need an effort to curb new risks that exist with autonomous maritime technologies. It suggests a governance framework and highlights the necessity to establish a single international standard. Also, the possibility to apply universal jurisdiction with respect to the instances of severe transnational damages is examined.