Research On The Legal Status And Legal Regulation Of Unmanned Vessel Shore-based Operators

With the development of artificial intelligence technology,shipbuilding is undergoing a change from automation,intelligence to unmanned.The emergence of unmanned ships will bring new possibilities to enhance shipping safety,reduce transportation costs and promote environmental protection,but at the same time,it will also impact the existing legal system.This paper focuses on the legal status and legal regulation of shore-based operators of unmanned ships,including the determination of the legal status and rights and obligations of shore-based operators,the analysis of their taking over of the legal system of shipmasters and crew members,and the discussion of the fitness requirements they should meet in order to comply with the international conventions for the safety of maritime navigation,so as to solve the conflicts between the newly emerged maritime subject of shore-based operators of unmanned ships and the international law of the sea,international conventions on safety of navigation and domestic laws.The first chapter provides the legal framework for unmanned shore-based operators.Chapter 1 provides an overview of unmanned ship shore-based operators.This chapter will introduce the concepts of unmanned ships and shore-based operators: the concept of unmanned ships will be discussed in terms of definition and classification,to clarify the scope of this study and to determine that unmanned ships are ships in the sense of maritime law;the introduction of shore-based operators will start with the definition,clarify the scope of shore-based operators and analyse the obstacles to the application of the law on unmanned ship shore-based operators.Chapter 2 deals with the legal status of shore-based operators of unmanned vessels.This chapter will start with the basic concepts,analyse their connotations and extensions,clarify that shore-based operators should not be interpreted as captains or crew members,analyse the commonalities and differences between them and captains and crew members,clarify the unique legal status that should be given to shore-based operators of remotely controlled unmanned ships,and analyse and compare the differences between shore-based operators and captains and crew members in terms of their functions,rights and obligations.Chapter 3 deals with the legal regulation of shore-based operators of unmanned ships.This chapter analyses whether shore-based operators of unmanned ships can meet the requirements of these maritime rules,and if so,how such rules should be interpreted and adapted,and what requirements shore-based operators should meet in order to provide an alternative to the requirements of the conventions,in the light of the important technical regulatory conventions issued by the International Maritime Organisation concerning safety of navigation,training and watchkeeping standards.At the private law level,the analysis focuses on the applicability of some of the special liability rules of maritime law to shore-based operators.The fourth chapter contains proposals for the improvement of the provisions relating to shore-based operators of unmanned ships.In this chapter,based on the international conventions and the current status of China’s legislation,and on the basis of the research results in the first three chapters,recommendations are made for the establishment of legal provisions for shore-based operators of unmanned vessels.Firstly,the existing international conventions should be amended to adapt to the development of unmanned ships.On the basis of clarifying that unmanned ships have the legal attributes of ships and have rights and obligations similar to those of traditional crewed ships,a general international legal rule should be formulated to explain and amend the concepts of the existing conventions that are not compatible with unmanned ships.The definition and legal status of shore-based operators should be clarified in the rules,and additional provisions should be made for the fitness of shore-based operators.Secondly,on the issue of establishing a framework for the rights and obligations of shore-based manoeuvring personnel,amendments or appendices should be made to the relevant international maritime conventions or guidelines should be issued for general interpretation,and the captain and crew system should be adjusted and amended to determine the rights and obligations of shore-based manoeuvring personnel,and detailed laws and regulations should be considered when the technical conditions are ripe.