Integrating Tort Liability and Safety Regulations for the Governance of Unmanned Aircraft and Ship Sectors

Dr. Ayşenur Zeynep ÖZMEN

Table of Contents

FOREWORD

LIST OF ABBREVIATIONS

LIST OF GRAPHS

LIST OF TABLES

LIST OF LEGISLATION, CASES, INTERNATIONAL CONVENTIONS AND REGULATIONS
1. International Conventions & Protocols
2. European Union Legislation and Guidelines
3. National Legislation
4. Declarations
5. International Organisations’ Guidelines
6. Cases

PART I: UNMANNED VEHICLE TECHNOLOGY

CHAPTER 1: INTRODUCTION TO THE STUDY
1. Research Questions
2. Motives For Research
 2.1. A Common Approach to Unmanned Ships and Aircraft
 2.2. Integration of Tort Liability and Safety Regulations
3. Scope
 3.1. What Research Will Cover?
 3.2. What Research Will Not Cover?
4. Originality
5. Methodology Choices
6. Plan Of Research

CHAPTER 2: THE DEVELOPMENT OF AI AND REGULATORY POLICIES
1. Overview
2. History of AI
3. The Development of Regulatory AI Policies
4. The Concept of Legal Personality and Rights
5. Summary and Conclusion

CHAPTER 3: UNMANNED SHIPS
1. Overview
2. Definition
3. Historical Development of Maritime Technology and Tort Law
 3.1. Liability Law in Maritime Accidents
 3.2. Emergence of Unmanned Ships
4. Risks
 4.1. Operational Safety
 4.2. Environmental Risks
 4.3. Security and Terrorism Threats
 4.4. Privacy and Data Security
5. Summary and Conclusion

CHAPTER 4: UNMANNED AIRCRAFT
1. Overview
2. Definition
3. Historical Development of Aviation Technology and Tort Law
 3.1. Liability Law in Aviation Accidents
 3.2. Emergence of Unmanned Aircraft
4. Risks
 4.1. Physical Injuries and Damages to Properties
 4.2. Operational Safety
 4.3. Environmental Risks
 4.4. Security and Terrorism Threats
 4.5. Privacy and Data Security
5. Summary and Conclusion

PART II: LEGAL SCHOLARSHIP ANALYSIS ON UNMANNED SHIPS AND AIRCRAFT

CHAPTER 5: AN INTRODUCTION TO ANALYSIS
1. Overview
2. The Importance of a Comprehensive Review for the Study
3. Methodology
4. Structure

CHAPTER 6: HISTORICAL AND GEOGRAPHICAL ANALYSIS
1. Overview
2. Historical Analysis
 2.1. Unmanned Ships
 2.2. Unmanned Aircraft
3. Geographical Analysis
 3.1. Unmanned Ships
 3.2. Unmanned Aircraft
4. Summary and Conclusion

CHAPTER 7: THEMATIC AND COMPARATIVE ANALYSIS
1. Overview
2. Thematic Analysis
 2.1. Unmanned Ships
 2.2. Unmanned Aircraft
 2.3. Legal Discourse Related to the Study
  2.3.1. Tort Liability
  2.3.2. Regulatory Approach
3. Comparative Analysis
 3.1. Historical Comparison
 3.2. Geographical Comparison
 3.3. Thematic Comparison
4. Summary and Conclusion

PART III: LEGAL AND REGULATORY FRAMEWORKS FOR UNMANNED AIRCRAFT AND SHIPS

CHAPTER 8: TORT LIABILITY RULES
1. Overview
2. Strict Liability and Negligence
 2.1. Advantages of Strict Liability in Unmanned Technologies
  2.1.1. More Effective in Unilateral Cases
  2.1.2. Lower Litigation Costs
  2.1.3. Decentralisation
  2.1.4. Ultrahazardous Activities
 2.2. Advantages of Negligence in Unmanned Technologies
  2.2.1. To Control Victim's Level of Care
  2.2.2. Provides More Information
  2.2.3. If The Injurer Is Economically Weak
  2.2.4. Where Excess Activity Is in The Public Interest
  2.2.5. Misestimation of Damages
3. Summary and Conclusion

CHAPTER 9: SAFETY REGULATIONS
1. Overview
2. Determining Factors
 2.1. Information Disparity Between Private Parties and Regulatory Authorities
 2.2. Inadequate Financial Capacity
 2.3. Barriers to Legal Action
 2.4. Administrative Costs
3. Joint Use of Tort Law and Regulatory Law
4. IMO Regulatory Scoping Exercise on MASS
5. ICAO Model UAS Regulations
 5.1. Part 101
  5.1.1. Registration
  5.1.2. Standard UA Operating Conditions
  5.1.3. Obligations of Operators
 5.2. Part 102
  5.2.1. Unmanned Aircraft Remote Pilot Certification
  5.2.2. Risk Mitigation
  5.2.3. Eligibility of Unmanned Aircraft
  5.2.4. Authorization or Operator Certificate
 5.3. Part 149
6. Summary and Conclusion

CHAPTER 10: MODEL FRAMEWORK FOR UNMANNED AIRCRAFT AND SHIPS
1. Overview
2. Controlling Unmanned Operations with Tort Liability
 2.1. Strict Liability Rule According to the Character of Unmanned Operations
 2.2. Negligence Rule According to the Character of Unmanned Operations
 2.3. Conclusion: A Risk-Based Liability Regime that Considers Autonomy
3. Controlling Unmanned Operations with Safety Regulations
 3.1. Autonomy-Based (IMO) Regulatory Approach
 3.2. Risk-Based (ICAO) Regulatory Approach
 3.3. Conclusion: A Risk-Based Regulatory Approach that Considers Autonomy
4. Summary and Conclusion: Integrating Tort Liability and Safety Regulations

CHAPTER 11: CONCLUSION

BIBLIOGRAPHY
1. Books
2. Book Chapters
3. Journal Articles & Conference Papers
4. Theses
5. Reports, Minutes & Working Papers
6. Online Sources