New Technologies, Artificial Intelligence and Shipping Law in the 21st Century

Description

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping. The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world’s oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers. Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents Notes on editors and contributors Foreword Preface Table of cases Table of legislation PART 1: Effect Of New Technologies On Contracting In Shipping Practice 1. Blockchain and smart contracts in shipping and transport: a legal revolution is about to arrive? 1 Introductory remarks 2 Is distributed ledger technology (DLT) atechnological remake of the ancestors of the bill of lading? 3 How do we translate this technology into a legal-contractual frame? Apossible case for non-permissioned DLTs and registers of ships 4 Permissioned ledgers and their potential applications to shipping and transport 5 Issues of responsibility in the (maritime) transport industry 6 Blockchain as atool to revolutionise transport markets 7 Other legal concerns: antitrust, data protection and security 8 The issue of smart contracts: would they fit in the shipping and logistics industry? 9 Issues of dispute resolution 2. Smart contracts: the BIMCO experience 1 Introduction 2 The BIMCO perspective 3 Conclusion 3. Can commercial law accommodate new technologies in international shipping? 1 Introduction 2 The current legal regimes 3 The Rotterdam rules 4 Conclusion 4. Electronic signatures in shipping practice 1 Introduction 2 Asymmetric encryption 3 The user interface 4 Blockchains 5 Monopoly and interoperability 6 Liability 7 Defences 8 Conclusion 5. Pinning down delivery: Glencore v MSC and the use of PIN codes to effect delivery 1 Introduction 2 The facts of Glencore v MSC 3 MSC’S defences to the misdelivery claim 4 The implications for interpreting bills of lading 5 Provision of the release note and pin codes as “actual” delivery 6 Symbolic delivery 7 The correct construction of the term “delivery order” 8 Estoppel, variation, and waiver 9 Conclusions PART 2: Artificial Intelligence And Shipping 6. Autonomous shipping and maritime law 1 Introduction 2 What is a MASS? 3 The current state of MASS 4 Do MASS fall into the legal definition of ships? 5 The interaction between MASS and maritime law 6 Potential reform of maritime law in light of the issues presented by MASS 7 Conclusions 7. Botport law – the regulatory agenda for the transition to smart ports 1 Our objective: an exploration of Botport law 2 Ports and unmanned ships 3 Automated ports 4 Digitisation and data 5 Conclusion: Botport law is feasible 8. Autonomous vessels and third-party liabilities: the elephant in the room 1 Introduction 2 Proposed liability regime for third-party claims 3 Conclusion 9. Shipping: product liability goes high-tech 1 Product liability, ships and digitisation 2 Product liability, duty of care and public policy: the problem of the Nicholas Hdecision 3 Technology, code and product liability 4 The areas of particular relevance: cargo documentation, cargo care and navigation 5 Strict liability 6 Conclusion 10. Who is the master now? Regulatory and contractual challenges of unmanned vessels 1 Introduction 2 Regulation and the master5 3 Maritime contracts and the master 3.7 Pilotage 4 Conclusion 11. Carrier liability for unmanned ships: goodbye crew, hello liability? 1 Introduction 2 The carriage law aspects of manning 3 Conclusions PART 3: Legaltech And Its Impact On Shipping And Insurance 12. Impact of technology on disclosure in shipping litigation 1 Introduction 2 Disclosure under the civil procedure rules 3 Disclosure pilot for the business and property courts in England and Wales 4 Electronic documentation in shipping disputes 5 Conclusion 13. Insurance and artificial intelligence: underwriting, claims and litigation 1 Introduction 2 Insurance underwriting 3 Claims handling 4 Dispute resolution 5 Some problems 6 Legal challenges 7 Summary Index