Maritime Autonomous Surface Ships (MASS) and Legal Liability for Collision Damage: Challenges and Prospects

Abstract

Maritime Autonomous Surface Ships (or MASS) are a revolutionary technology which are set to revolutionise the shipping industry, resulting in reduced costs and increased safety. That said, their introduction poses significant challenges in respect the determination of legal liability for collisions at sea. It is this balance of challenges and prospects that this study therefore seeks to understand. Based on the premise that, for as long as manned and unmanned ships operate in the same waters the same rules must apply to both, the first chapter assesses the difficulties in applying existing legal standards to MASS. The second chapter then elaborates how MASS are not a singular type, but a spectrum, from remote controlled to fully autonomous ships, which each in turn present different liability considerations. The last chapter then analyses the main challenges and prospects of MASS in respect determining legal liability at sea. The former relate to issues regarding the application of existing standards and questions of where liability should fall, while the latter relate to increased safety and, potentially, easier determination of where fault lies. That said, MASS is still in its infancy, and it remains to be seen whether this promise can be delivered practice.

This report assesses the legal and regulatory challenges which Insurtech presents. Insurtech is a term which refers to the marriage of new technologies such as big data analytics, AI, and smart devices with the provision of insurance products and services. This technological revolution is transforming and disrupting the traditional insurance market. The advantages of Insurtech include lower prices and greater customisation, as data analysis and automation allow risk to be quantified more easily and speed-up customer interactions. At the same time, however, Insurtech also raises concerns about data protection, usage and privacy, invasive marketing, as well as the potential for erecting mechanisms of exclusion that create a new class of uninsurable. These risks and benefits are assessed in the first chapter. The second chapter then looks at how the existing legal and regulatory landscape is challenged by Insurtech, along with how the landscape will potentially develop in future, as governments seek to address the gaps in existing frameworks in order to provide consumers with greater protection and insurers with greater clarity. The report concludes that Insurtech firms should take a proactive approach, based around regular audits and practices of self-regulation, to ensure they are well-positioned to comply with current and future legal and regulatory demands.