An evaluation of cyber-worthiness and related factors in maritime safety and maritime security

This article revisits the traditional definition and concept of seaworthiness against the backdrop of technological developments in maritime transport and maritime law. These developments in the maritime industry, coupled with the increasing volume of maritime commerce, have affected the traditional doctrine of seaworthiness and necessitate its redefinition. Of the many developments, this article focuses on maritime security generally and cyber-risk and hence cyber-worthiness in particular. The article argues that cyber risk management, as a part of maritime safety and security standards, should be reflected in the modern doctrine of seaworthiness. It is problematic to provide a generally acceptable uniform definition for seaworthiness in maritime law, because the concept is both relative and technical. Furthermore, and considering the components of a seaworthy ship, the need to assess new systems related to technology used in ships and safety in navigation, and to determine whether a ship can be deemed “cyber-secure” has become essential.