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An Evaluation of the Safe Port Obligation in the Light of Smart and Autonomous Ships

Centre for Maritime Law (CML) / Singapore Maritime Institute (SMI) Project ID SMI-2022-ET-03
Project Ref: RP512301NS
Start date: May 2023
Status: Concluded


06 May 2023



The impact of industry 4.0 on the shipping industry is evident in the development of smarter ships, autonomous ships, the digital exchange of data and the automation of processes. There is a copious amount of investment going into smart and autonomous ships. Both will help achieve a more efficient and sustainable world transport system. The move towards smart and autonomous ships will require changing the maritime transport ecosystem, most importantly, ports and terminals.

Charterers are often under an express or implied obligation to nominate a safe port for the ship concerned. Safety under the safe port warranty extends to the ship’s physical condition and political safety, and administrative, legal or organisational safety. If a charterer breaches the warranty, they may be held liable for the loss or damages arising from the unsafety of the port. Therefore, it is clear that the safe port warranty has important commercial implications. Consequently, ports will have no option but to adapt to safely accommodate smart and autonomous ships or risk being classified as ‘unsafe’, resulting in charterers rightly refraining from nominating such ports. This paper posits that this will likely detrimentally affect developing regions and, therefore, argues that governments in developing regions should increase research and investment in developing smart ports.

This paper will explore the changes required for ports to accommodate smart and autonomous ships safely and consider the areas of concern that could lead to ‘port unsafety’. It will examine how the established law on safe ports will apply to smart and autonomous ships and propose recommendations on harmonising standards.

Presentation

  • “Autonomous Shipping: An Examination of International Maritime Security and Port ‘Safety’ “, CML Lunch Seminar Series, 29 March 2023

Working Paper

This project has concluded.