The Obstacles And Countermeasures To The Application Of The COLREGs To Unmanned Ships

Maritime navigation will be in a long-term mixed navigation mode that unmanned ships and manned ships sail concurrently at sea and they should both comply with the stipulation of COLREGs.However,a large number of provisions of COLREGS directly stipulate the effect of "human factors",which result in obstacles to the application to unmanned ships.In order to solve the obstacles to application of COLREGs to unmanned ships,and maintain the safety of maritime navigation,it’s of great necessity to analyzes the countermeasures to the Application of the provisions of COLREGs to Unmanned Ships and try to propose the countermeasures.Based on the maritime navigation environment,the unmanned ship’s operating mode,the unmanned ship’s autonomous navigation system for collision avoidance and the development of equipment technology,the paper consists of five parts and analyzes the obstacles and countermeasures to the application of the COLREGs to unmanned ships.The first part expounds the outline of the problems of the application of the COLREGs to unmanned ships,affirms that the COLREGs applies to unmanned ships.This part also makes a general statement about the obstacles to the application of clauses based on "human factors",and summarize the core provisions that have applicable obstacles that have to be revised.The second part studies the obstacles and countermeasures to the application of the"good seamanship" clause to unmanned ships.This part analyzes the reason of the odstacles to the application of princple of "good seamanship" to unmanned ships due to the lack of "human factors",and analyzes the obstacles of fulfil the requirement of "good seamanship" clause and make a departure from COLREGs.What’s more,this part proposes the countermeasures of introducing the "functional equivalence principle" and redefining the principle of "good seamanship".The third part studies the obstacles and countermeasures to the application of the"look-out" clause to unmanned ships.First,it clarifies that the navigation of unmanned ships must perform the provision of "a proper look-out".Secondly,it analyzes the reason of the obstacles to the application of" look-out" provision to unmanned ships,including the lack of crew on board,high dependence on "human factors" and limitations of navigation aids.Thirdly,it analyzes the obstacles to realization of "directly look-out" and"fully effective look-out",and proposes the countermeasures of clarifing the legal subject of observation,expanding the interpretation of "a proper look-out",and useing"functional equivalence principle "to achieve the goal of "a proper look-out".The fourth part studies the obstacles and countermeasures to the application of the"mutual seeing" clause to unmanned ships.First,this part clarifies the significance of"mutual seeing" for the navigation of unmanned ships.Secondly,it analyzes the obstacles to the application of the provision of the "mutual seeing" to unmanned ships based on the inherent defects of "mutual seeing",the lack of crew,and the complicated situation.Finally it proposes the countermeasures of introducing" in electronic sight of one another" and fomulating the display clause of unmanned ships.The fifth part studies the obstacles and countermeasures to the application of the "out of control ship" clause to unmanned ships.This part clarifies that the unmanned ships is not a natural "out of control ship",defines the unmanned ship as "a vessel not under command" and analyzes the obstacles to identifying other ships which is not under command,and puts forward the clear "not under command " of unmanned ship.Then proposed coutermeasures of identifying the concept of" not under command" and correctly showing the uncontrolled state of the unmanned ship.