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İÇİNDEKİLER
CONTENTS
1. INTRODUCTION 13
A. RESEARCH QUESTION 14
B. AIMS AND OBJECTIVES 14
C. SIGNIFICANCE OF THE RESEARCH 16
D. STRUCTURE OF THESIS 17
E. RESEARCH CONTEXT 19
F. METHODOLOGY 33
2. LEGAL EXAMINATION OF AUTONOMOUS SHIPS: AUTONOMOUS SHIP
DEFINITION AND CLASSIFICATION, FREEDOM OF
NAVIGATION UNDER UNCLOS 39
A. AUTONOMOUS SHIP DEFINITION AND CLASSIFICATION OF
AUTONOMOUS SHIPS ACCORDING TO HUMAN INVOLVEMENT
AND DEGREE OF AUTONOMY 40
i. Ship Definition and Autonomous Ships 42
ii. Overview of The Regulatory Scoping Exercise and
Autonomous Ships Related IMO Circulars until May 2023 44
iii. The Classification of Autonomous Ships Based on Autonomy
Level and Manning 56
B. FREEDOM OF NAVIGATION FOR FULLY AUTONOMOUS SHIPS
WITHIN THE SCOPE OF UNCLOS 63
i. Nationality of Fully Autonomous Ships and the Genuine Link
Concept 64
ii. Freedom of Navigation of Fully Autonomous Ships at High
Seas and Exclusive Economic Zones under UNCLOS 69
iii. Safe Manning Challenges for Fully Autonomous Shipping 74
iv. Adaptability of UNCLOS and Possible Revisions for Fully
Autonomous Ships 79
3. SAFETY CERTIFICATES OF FULLY AUTONOMOUS SHIPS
UNDER SOLAS: A REGULATORY PERSPECTIVE FOR
TECHNOLOGICAL COMPETENCE OF FULLY
AUTONOMOUS SYSTEMS 83
A. ROLE OF SEAWORTHINESS IN LIABILITY REGIME AND NON–
COMPLIANCE WITH SEAWORTHINESS OBLIGATION 85
B. LEGAL CONSIDERATION OF ADVANCED NAVIGATIONAL
TECHNOLOGIES IN FULLY AUTONOMOUS SHIPS AND
EFFECTIVENESS OF EXISTING SOLAS REGULATIONS 92
i. Technical Adequacy of Fully Autonomous Cargo Ships for
Voyages: Ship Safety Certificates under SOLAS 93
ii. Safety Certificates for Remote Operation (Control) Centres:
Communication, Data Transfer and Steering Gear
Equipment 104
C. CONCLUSION 118
4. COMPLIANCE OF FULLY AUTONOMOUS SHIPS WITH COLREGS:
EVALUATING COLLISION AVOIDANCE AND COLREGS–
COMPLIANT NAVIGATION 123
A. DEFINITION OF COLLISION 124
B. LEGAL EXAMINATION OF COLREGS FOR FULLY AUTONOMOUS
SHIPS NAVIGATION: NAVIGATIONAL RULES AND
CHALLENGES 125
i. Importance of Voyage Planning for Fully Autonomous Ships’
Operations and Collision Prevention 126
ii. The Application of COLREGS to Fully Autonomous Ships:
Bridging Traditional Rules and Innovation 130
iii. Marine Casualty and Incident Reporting: Way Forward to
Adapt COLREGS 146
C. CERTIFICATE CHALLENGES FOR FULLY AUTONOMOUS
SHIPS CREW AND LIABILITY REGIME 149
D. CONCLUSION 156
5. LIABILITY OF FULLY AUTONOMOUS SHIPOWNER TO SHIPPER FOR
DAMAGES AND LOSS TO TRANSPORTED GOODS
DUE TO COLLISION UNDER THE ROTTERDAM RULES 161
A. INTRODUCTORY OVERVIEW OF THE ROTTERDAM RULES 163
B. DISCUSSION ON THE APPLICABILITY OF THE
ROTTERDAM RULES TO SOFTWARE
MANUFACTURERS AND REMOTE CREW 165
C. ANALYSING THE LIABILITY REGIME FOR FULLY
AUTONOMOUS SHIPS: ADDRESSING THE CARGO
LIABILITY IN COLLISION 177
i. StrictFault Liability of Shipowner for Collision: Legal
Scholars’ Approaches 177
ii. Scope of Liability and Burden of Proof Under the
Rotterdam Rules 187
iii. Partial Liability in Fully Autonomous Ships Collision: Act of
God, Inevitable Accident, Latent Defects and Agony of the
Moment 197
D. SCOPE OF SHIPPER’S OBLIGATION AND SOFTWARE
MANUFACTURER’S DUTY TO UPDATE
AUTONOMOUS SYSTEMS 215
i. Shipper’s Obligation and Relief of Liability for the Carrier 216
ii. Fully Autonomous Shipbuilding: Software Maintenance and
Due Diligence for Seaworthiness 227
E. COMPENSATION 234
F. CONCLUSION 237
6. CONCLUSION 243
BIBLIOGRAPHY 253 |