Liability, efficiency, and innovation: Applying economic theory to the Liability Rule in Athens 2002 for death and personal injury to passengers in shipping incidents on remote-controlled and autonomous passenger ships
Death and personal injury in shipping incidents on remote-controlled and autonomous passenger ships challenge aspects of the regime within Athens 2002. Despite this writer concluding that remote-controlled and autonomous ships can be subject to Athens 2002, some issues remain as to the effectiveness of Athens 2002 as a regime for these ships. These include the increased role of the manufacturer versus the carrier, compensatory shortfall, and deciding whether fault-based or strict liability is more appropriate. Through economic theory, this thesis also identifies other potential issues including the role of insurance in liability, and the potential to use alternative rules (such as social insurance, guaranteed compensation schemes, and replacing tort-based liability with criminal law). Economic theory allows certain factors to be identified within a best compromise liability rule (e.g. reduction of accident costs, deterrence, compensation, loss and risk distribution, and a limited role for justice and individual rights). Economic theory provides an argument for limitation of liability in the balance it brings between society, shipping industries, and passengers, and thus provides efficient deterrence. This thesis concludes that Athens 2002 already provides a solution to the debate between fault-based and strict liability in the form of a hybrid of the two. It is also concluded that it is necessary for law to recognise the greater role of the manufacturer, not just on remote-controlled and autonomous passenger ships but all passenger ships. It is suggested that central funds could provide this solution with minimal disruption to the existing regime. Passenger ships, liability rules, maritime law, and issues concerning remote-controlled and autonomous ships, have a lot to gain from the use of economic theory. As such, this thesis promotes its continued and future use.
https://eprints.soton.ac.uk/457343/1/H_STONES_THESIS_SUBMISSION_MINOR_AMENDMENTS_Library_Deposit_Version.pdf