Channelling of liability under the International Convention on Civil Liability for Oil Pollution Damage 1992 from the perspective of remote operation of ships

Abstract

The emergence of remotely operated vessels introduces new players, such as remote operators, into the shipping industry. The International Maritime Organization (IMO) is working to incorporate these concepts into its regulatory framework. Given the significant responsibilities expected of remote operators, their liability for oil pollution and their role in marine environment protection require careful examination. The IMO is reviewing whether remote operators should be protected under the ‘channelling of liability’ provision in the International Convention on Civil Liability for Oil Pollution Damage 1992, which shields certain parties from negligence claims. While this provision may simplify the process of assigning liability, it has been criticized for weakening incentives to protect the marine environment. This article examines two options for the IMO: (i) leaving the status of remote operators undefined, allowing courts to interpret if they fall within the provision, or (ii) explicitly clarifying their status. The former is assessed through treaty interpretation and domestic case law, highlighting risks of legal uncertainty. The latter is explored by evaluating policy considerations and tools that could strengthen incentives for protecting the marine environment.