Deniz Otonom Su Üstü Gemiler ve Teknik Kusur

ABSTRACT

In light of the historical evolution of regulations regarding liability for loss or damage to goods and the efforts to achieve uniformity, the question of how to address liability rules during the navigation of maritime autonomous surface ships (MASS) becomes a significant issue. In particular, in the context of ships equipped with artificial intelligence and remote control, a range of concepts, including those related to master, nautical fault, product liability, and strict liability, have been the subject of discussion. In the ongoing studies in the IMO, it is important for the carrier’s liability rules that the concept of the degree of autonomy will express the navigation mode to be controlled according to the ship’s position and other factors, rather than defining a single ship type. In fact, when this principle is considered together with the human-centred approach in the EU AI Act, it can be said that even in the case of erroneous decisions and applications of AI, the concept of nautical fault will be attributed to the master who did not decide on the appropriate operation mode or did not take the necessary intervention. On the other hand, it should be noted that the master, within the framework of its obligation to ensure that its ship is seaworthy and voyageworthy, will have additional obligations, such as providing adequate training for its servants and agents on navigation with artificial intelligence, ensuring that the devices and equipment to be used for data communication meet certain standards, preparing alternative plans against the risks of automatic or remote control, or implementing new procedures to ensure cyber security.…