The Dilemma Of Legal Status Identification Of Unmanned Underwater Vehicle In International Public Law And Countermeasures

Since the 2016 UUV incident between China and the United States,the legal status of UUV has aroused wide attention.Unmanned underwater vehicles have advantages such as low cost,high degree of automation,and not affected by the seabed environment,which will be a great tool for future Marine development.Many countries have equipped their navies with UAVs for undersea operations.However,there is no clear regulation on the legal status of UUVs.In recent years,UUVs have caused increasing frictions between countries.It is very important to clearly regulate the legal status of UUVs.At present,the legal status of UUV belongs to four main viewpoints: warship theory,ship theory,ship ownership theory and submarine theory.At the same time,some viewpoints think that UUV should be regulated by legislation separately.As there is no explicit provision for UUV in existing international laws and treaties,the above views are based on the expanded interpretation of existing laws,which cannot be unanimously agreed by all countries,and different views may also be questioned.The UUV issue involves the national interests of various countries,and countries hold different positions.Therefore,no consensus can be reached in practice.Therefore,no international customary law has been formed on this issue.The unknown legal status of UAVs has brought about many adverse effects.First,it is reflected in the threat to the sovereignty and security of coastal states.Unauthorized passage or military activities of UAVs of other countries in the territorial waters of coastal states weaken the jurisdiction of coastal States and challenge the system of innocent passage of territorial waters.Secondly,the question of whether the UUV enjoys immunity has brought new problems to the traditional theory of sovereign immunity.Finally,the arbitrary use of UAVs violates the principles of peaceful use of the seas,due regard and prohibition of abuse of power set out in the United Nations Convention on the Law of the Sea.It not only affects the effectiveness of international law,but also infringes on the legitimate rights and interests of coastal states.The dilemma of legal status identification of UUV is caused by many reasons.The emergence of UUV equipment is short and the development is rapid.Stable international and domestic laws cannot cover this subject,nor can they respond to it quickly.The classification of UUV is complex,and a single legal provision cannot regulate the whole.Different political positions and interests of different countries are also the main reasons for the failure to reach consensus.UUV friction is frequent,the legal status needs to be clear.The regulation of UUV should start from the clear classification of UUV,reasonably divide the classification criteria,and combine the characteristics of different types to regulate UUV.In the process of perfecting the law of UUV,our country should actively participate in international legislation and promote the formation of new treaty;In the improvement of domestic laws,through the revision of existing laws,the UUV is included in the scope of regulation;On the dispute response,we should emphasize on perfecting our foreign-related legal talents and strengthening the ability to interpret and apply existing laws and treaties.At the same time,we should strengthen the development of UUV technology,expand its application,improve the grasp and application of UUV equipment,add it to the law enforcement force of the coast guard,improve the underwater inspection and supervision network,and better safeguard our security rights and interests.