Liability for Fully Autonomous Ships: Can the Civil Liability Convention Stay Afloat?

Abstract

Abstract In 1992, the Civil Liability Convention (CLC) was revised to ensure it continued to fulfill its aim of providing prompt and adequate compensation for pollution damage following the rise in oil spills incidents. Now, three decades later, the Convention's three-tier system faces new challenges posed by the emergence of Maritime Autonomous Surface Ships (MASS) – particularly those operating at Level 4. The International Maritime Organization (IMO) has emphasized the need for policy decisions of how to adapt the CLC's structure and whether external actors should be brought within its liability scope. Meanwhile, the EU ́s Product Liability Directive (PLD) was amended in 2024 to address liability for emerging technologies, such as AI. The revised PLD aligns liability with real-world control by introducing burden-shifting tools and, notably, recognising manufacturers ́ retained control through software-embedded products. This thesis conducts a comparative analysis of the PLD and CLC, showing that key features of the Directive both challenge and complement the Convention's structure when addressing pollution damage involving MASS Level 4. The findings culminate in four policy recommendations for the IMO to consider when adapting the CLC to fully autonomous shipping: (1) redefine shipowners' control over incidents, (2) extend liability to include manufacturers, (3) broaden exemptions to cover system failures as well as adjusting evidentiary burdens, and (4) adapt P&I Clubs system to accommodate MASS-owners. These recommendations aim to preserve the CLC ́s core objectives in an autonomous future.