The Legal Issues Analysis On Jurisdiction Over Unmanned Ships

The high integration of shipping technology and artificial intelligence technology has made unmanned ships from vision to reality,and the emergence of unmanned ships has also shaken a legal system framework based on traditional ship jurisdiction,how to exercise effective jurisdiction over unmanned ships It will be one of the problems faced by flag states,coastal states and port states,and,it is imperative to make relevant preparations in response to the new requirements imposed on ship jurisdiction by the emergence of unmanned ships.This article comprehensively uses the methods of theoretical analysis,normative analysis and comparative research to conduct in-depth research on the legal issues of unmanned ship jurisdiction.The thesis includes five chapters:The first chapter is an overview of the legal aspects of the jurisdiction over unmanned ships.On the basis of defining the definition of the unmanned ships,this paper analyzes the legal status of the unmanned ships,expounds the connotation and extension of the jurisdiction of the unmanned ships,and discusses the difference between the jurisdiction over the unmanned ships and the jurisdiction over the ships,so as to complete the definition of the scope of the jurisdiction over the unmanned ships.Refining the legal basis of the jurisdiction over a ship in international conventions and domestic law,and exploring the impact of the discomfort of the relevant international conventions and domestic legislation on the jurisdiction over the unmanned ships.Chapter ? studies the legal issues of the flag state jurisdiction over unmanned ships.Taking the unmanned vessel registration jurisdiction of the flag State as the entry point,it points out the necessity of maintaining a genuine link between the unmanned ship and the flag State,and gives the means and methods to be adopted by the flag State.In particular,the principled provisions of the United Nations Convention on the Law of the Sea on the jurisdiction of the flag State over ships are analyzed and demonstrated by the jurisdiction of the flag State in the field of maritime safety and the field of shore-based operators,and the jurisdiction of the flag State to prevent the pollution of the unmanned ship source.Chapter III makes a research on legal issues of the coastal state jurisdiction over unmanned ships.In the light of the relevant provisions of international conventions and domestic law,it is discussed that in the territorial sea and the strait of international navigation,the coastal state shall focus on the scope and boundary of the unmanned vessel,focusing on the applicability of the innocent passage system and the transit passage system to the unmanned vessel.The issues of the particularity of the ships' routeing system and the ship reporting system to the unmanned vessel in the coastal state are studied,and the radio watch keeping jurisdiction of the unmanned vessel sailing in a country's traffic control area and the jurisdiction of the coastal state to prevent the pollution of the ship's source of foreign unmanned vessels are analyzed.Chapter IV discusses the legal issues of the port state jurisdiction over unmanned ships.This chapter starts with the particularity of the entry and departure of unmanned ships,and focuses on the port state's jurisdiction over the entry conditions,port inspection and navigation of unmanned vessels.This paper discusses the supervision and jurisdiction of the port state over the unmanned ship,studies the factors affecting the supervision and jurisdiction of the unmanned port state,and on this basis puts forward the port state's supervision and jurisdiction over the unmanned ship itself and the shore-based operator and remote control center,and the analysis and argumentation of the port state's jurisdiction to prevent the source pollution of the unmanned ships.Chapter V is the legal and institutional perfection of China's jurisdiction over unmanned ships.This chapter analyzes the obstacles existing in the legal level of the jurisdiction over the unmanned vessel from the point of view of the flag state,the coastal state and the port state,and puts forward the concrete and perfect proposal on the legal issue of the jurisdiction of the unmanned ship,combined with the implementation of the international convention and the current situation of domestic legislation.