AI, AI captain, MASS liability ahoy

This chapter discusses the effect of existing and upcoming regulation on general artificial intelligence systems and product liability when considered through the lens of maritime sector. Much emphasis is placed on the existing specialized norms in other modes of transportation – with a focus on the road sector – that have already incorporated new technologies into its legislative framework. Furthermore, the chapter provides an analysis of contractual and non-contractual liability rules concerning the defective products and faulty artificial intelligence systems, as is established by the adopted and pending European legislation. All relevant provisions are cross-examined with existing and pending legislative framework in the maritime domain, especially regarding the upcoming legislative framework for the maritime autonomous surface ships. Finally, the chapter offers a broader perspective regarding the necessity to regulate certain aspects of artificial intelligence systems’ utilization in the maritime domain, particularly regarding the safety and liability.