The influence of automation and autonomy on the shipping industry: how to determine and attribute liability for damages

Abstract

Innovation and technological advancement in the shipping industry, like many other industries, is progressing at an unprecedented pace.1 However, international and national laws often struggle to keep up.2 Although the maritime shipping industry is known for its longstanding and stable legal system,3 the introduction of automation and autonomy could jeopardise that. The prospect of autonomous shipping4 is no longer a futuristic idea but will soon become a reality as many projects, like the Maritime Unmanned Navigation through Intelligence in Networks (MUNIN) project, the Rolls-Royce project, and Yara Birkeland have been completed to realise this prospect.5 The International Maritime Organisation (IMO) has acknowledged that the international framework will require amendments in order to accommodate the operation of maritime autonomous surface ship (MASS)6 and has initiated steps to adapt the international regulatory framework. The IMO plans to introduce a non-mandatory, goal-based MASS Code with effect from May 2026, with a mandatory version expected with effect from 1 January 2032.7 These developments highlight the urgency of addressing legal and regulatory gaps. South Africa has set forth the Merchant Shipping Bill8 (MS Bill), which intends to amend the Merchant Shipping Act9 (MSA), the primary piece of legislation within the realm of shipping law.10 Autonomous shipping could potentially offer cost effective transport like never seen before