Carrier liability for unmanned ships: Goodbye crew, hello liability?

A person whose business it is to carry goods by sea must do so with a seaworthy ship. ‘Seaworthiness’ is a very extensive concept, not limited to the features of the physical ship herself, but also extending to the qualities of the crew. The obligation is only to provide a crew that is reasonably suited for the intended use or service. The due diligence in this regard would lie in the selection of the systems used, the appraisal of the reliability and robustness of those systems, their protection against hacking and cybercrime. One of the concerns that has been voiced with regard to unmanned vessels is that it will become more difficult for the carrier or shipowner’s opponent in claims and proceedings to obtain information. Human beings are, after all, fallible, and the seaworthiness obligation has never been understood to mean an absolute warranty that no accidents would happen on the ship.