Carrier's liability in autonomous ships

With the development of artificial intelligence, the idea of using artificial intelligence in the maritime sector has emerged. Ships have also benefited from these developments. Autonomous ships, with the advancement of artificial intelligence, are expected to be used in maritime transport in the near future. However, as both national and international regulations regarding maritime transport are designed by considering the human element, the use of autonomous ships in maritime transport carries the risk of creating certain issues. This study examines the regulations based on the carrier's responsibility in national and international regulations, regardless of the levels of autonomous ships. This study first examines the concept of autonomous ships and the work of organizations that define or classify autonomous ships. It then focuses on the concept of a control center, where autonomous ships will be dispatched and managed, and the potential problems it may present. Finally, it assesses whether autonomous ships qualify as ships under the Turkish Commercial Code (TCC) and major international regulations. Then, the carrier's liability for autonomous ships is evaluated in terms of the international conventions regulating carrier liability, including the Hague/Hague-Visby Rules (HR/HVR), Hamburg Rules, and Rotterdam Rules, as well as the TCC's provisions regulating the carrier's responsibility to maintain the ship in a navigable condition and the carrier's responsibility to care for the cargo. The article also examines whether the provisions of the carrier's responsibility to maintain the ship in a navigable condition and the carrier's responsibility to care for the cargo apply to autonomous ships.