The Study On Legal Issues Of Liability Insurance For Cyber Risks Of Unmanned Intelligent Ships

With the rapid development of big data and artificial intelligence,unmanned intelligent ships have made a lot of achievements in the field of engineering research.We believe the commercial operation of these new kind of ships is just around the corner.In addition to the ship collision liability and marine environmental pollution damage liability that traditional manned ships bear,the unmanned intelligent ship,as a new type of technology product,will face more complex cyber risks,impacting the current liability insurance system and marine insurance clauses.Liability insurance,as an important relief mechanism for dispersing risks and compensating losses,accelerating the research on legal issues of unmanned intelligent ships’ cyber risk liability insurance undoubtedly has a positive effect on the promotion of unmanned intelligent ships and the protection of the interests of all parties involved.So the thesis mainly studies the differences between cyber risk liability insurance for unmanned intelligent ships and traditional manned ship liability insurance,including the characteristics of cyber risks faced by unmanned intelligent ships,problems in underwriting risks,causality identification issues,and problems in seaworthiness obligations.In addition to the introduction and conclusion,this thesis is divided into five parts to discuss the main topic:Firstly,clarifying the connotation,types,and differences from traditional maritime risks of cyber risks of unmanned intelligent ships.Discussing whether such risk can be covered by the "maritime risks" under the current maritime insurance law system.Then,based on the current development status of unmanned intelligent ships’ cyber risk liability insurance in China and abroad,this thesis demonstrates the feasibility and necessity of the development of cyber risk liability insurance for unmanned intelligent ships.The insurance market,maritime laws of various countries,and international treaties should also actively pay attention to the types and definitions of such new risks.Secondly,the issue of underwriting risks under unmanned intelligent ships’ cyber risk liability insurance is mentioned in this section.Discussing whether unmanned intelligent ships’ cyber risks have insurable benefits and can be underwritten,whether existing underwriting risk clauses can cover unmanned intelligent ships’ cyber risks,and then this thesis will discuss whether existing cyber risk exclusions clauses can cover such new risks,for instance CL380,LMA5402,and NMA2914&2915 clauses.Under the premise that insurance policies in various countries generally adopt the method of named perils,cyber risks may be excluded due to difficulty in quantification,and attention needs to be paid to the diversification and resolution of such new risks.Thirdly,the causality identification issues of unmanned intelligent ships’ cyber risk liability insurance are mentioned in this section.Considering the complexity of the cyber risks of unmanned intelligent ships,there is still controversy in practice whether the insurer of marine insurance should treat the loss as a marine risk or whether it should be excluded as a loss caused by cyber risks.Therefore,the application of the principle of proximate cause to unmanned intelligent ships’ cyber risk liability insurance is discussed.Fourthly,the issues of seaworthiness obligations under unmanned intelligent ships’ cyber risk liability insurance is mentioned in this section.The seaworthiness obligation is crucial for determining the insurer’s liability and balancing the interests of the insurer and the insured.Many of the existing seaworthiness clauses are not applicable to the development of unmanned intelligent ships that rely on information technology,and do not take into account the significant impact of cyber risks on the seaworthiness of unmanned intelligent ships.The current system may exempt insurers from compensation obligations,and adjustments should be made in a timely manner.Finally,providing suggestions for the improvements of China’s unmanned intelligent ships’ cyber risk liability insurance system.On the premise of clarifying the basic concepts related to cyber risks,we will improve the application of the principle of proximate cause through legislation,clarify the judgment of causality identification under the cyber risks of unmanned intelligent ships in judicial practice,and attach importance to the adjustment of underwriting risk clauses and exclusion clauses in existing marine insurance,including the adjustments of "piracy" risk,cyber risk exclusion clauses,and unseaworthiness exclusion clauses,establishing a new risk assessment mechanism,so as to promote the development of unmanned intelligent ships’ cyber risk liability insurance.