1.1 Background
From the early nineteenth century onwards, the maritime convention system has increased the unification of the private law regime governing international maritime activities. The conventions are – both in scope and content – a reflection of the time in which they are made. Recent attempts at modernizing the convention system have only been partly successful and rapid changes to the convention system are not a likely scenario. Conversely, technological developments are rapid. Autonomous vessels are being developed; the possibility of land based navigational support – or indeed of remote control – is increasing, both technologies potentially removing the onboard human factor. The question one may ask is therefore, whether there is a breaking point in the convention system, where the technological development pushes either the vessel/ unit used or the activity which it is performing outside the scope of application of the existing maritime convention regime. If that is so – either generally or in part – the maritime regulations will be out of scope and the general rules governing the activity in question will apply. In that case, the possibility and incentive for shopping for venue and/or law would probably increase, and the legal uncertainties connected therewith would increase with it. Shipowners – or parties wishing to claim against shipowners – might in such a case find that the legal analysis on which their risk management is based no longer holds.
Consequently, the following will scrutinize whether the switch to new technologies may hinder the application of the convention-based maritime regulatory framework.