Dispute And Settlement Of Passing Unmanned Vessels Fulfilling The Obligation Of Life Salvage At Sea

With the rapid development of ship technology,the research and development of unmanned ship has entered a vigorous development period.However,the appearance of unmanned ship not only represents an important leap forward in technology,but also will bring a huge impact to the current maritime legal system.International Working Group in Unmanned Ships,In March 2017,a questionnaire was issued on the domestic legal status of unmanned vessels and the impact of unmanned vessels on the implementation of existing international maritime treaties.This paper attempts to solve a series of legal problems related to unmanned ships,including the obligation of salvage of life at sea and the liability for collision of unmanned vessels.At the same time,in recent years,the idea of giving priority to life in the system of shipwreck has led to a new legislative trend.As a result,the status of salvage system of life at sea becomes more and more prominent,and the current rules of salvage of life also show inevitable lag.The author will combine the two hot issues,in view of passing unmanned ships to fulfill the obligation of lifesaving at sea,based on the unmanned ship as the main body of life at sea rescue duty general obligation of the focus of controversy,the conclusion that unmanned ship as a special form of the vessel,shall fulfill its obligation to save lives at sea.In response to the disputes over the ships positioning,seaworthiness and rescue capability,the author puts forward some legal proposals on the framework of rules and regulations for passing unmanned vessels to fulfill their obligations in the salvage of life at sea.The article consists of four parts.Chapter One: Overview of the obligation of salvage of life at sea of passing vessels.The first section of this chapter first analyzes the basic concepts of salvage at sea and rescue of life at sea.Then,the author proves that the obligation of salvage of life at sea is mandatory and points out that it should be based on the premise that it does not endanger itself.The second step,through the analysis of the concepts of priority and priority,clarifies the core idea of the essence of life-saving system,that is,priority of life.The second section of this chapter discusses the obligation of salvage of life at sea,and analyzes the legal and theoretical basis of the performance of the obligation of salvage of life at sea by ships in the past.The second section of this chapter discusses the obligation of salvage of life at sea by ships in the past,It clarifies the subject of the past ships performance of SOLAS,and lays a theoretical foundation for the following article to fulfill the SOLAS obligation of the past unmanned ship.Chapter Two: Dispute Analysis on Passing Unmanned Vessels Performance of Life Salvage Obligation at Sea.This chapter is divided into three sections.Combined with the CMI questionnaire and the responses of the member states,it analyzes the disputes of the ship positioning,the airworthiness and the rescue ability of the unmanned ship respectively from the three aspects.First of all,it sets out the main point of dispute on whether an unmanned ship belongs to a ship or not.It mainly studies the conflict between the unmanned ship and the international law and domestic law as the research support.The focus of the dispute is the acquisition of the nationality of the unmanned vessel and the requirements for manning the vessel in some of the existing rules.Secondly,the airworthiness disputes of unmanned vessels only from the legal level,its manning dispute to sort out.Based on the requirement of minimum safe manning,on the premise of clarifying the dispute of whether minimum safe manning requirement has discretion,The disputes about the identification of captain and crew of the unmanned ship are also analyzed with the internal logic of the type of the unmanned ship.Finally,the third section of this chapter analyzes the dispute of whether the unmanned ship should fully perform the obligation of life-saving,and summarizes the views of the theory of full performance and mitigation doctrine.Chapter III: Analysis of the Legitimacy of the Passing Unmanned Vessels Performing the Duty of Salvage of Life at Sea.This chapter adopts the logical arrangement corresponding to the contents of the second chapter.it is also divided into three sections about the positioning of the unmanned ship,the requirements of the crew and the rescue ability.The first section of this chapter gives a positive reply to the dispute of the positioning of the unmanned ship in the previous article.Position to be demonstrated;section 2: under the premise that the minimum safety manning requirement should be allowed to be determined by the domestic law,according to the different types of unmanned vessels,the paper discusses the personnel arrangement of shore-based remote control unmanned ship and fully automatic unmanned ship.The legitimacy of shore-based workers being identified as crew members involves an expanded interpretation of the concepts of master and crew under the current rescue rules.And the limited legal personality of artificial intelligence machines;The third section,rescue ability of controversy on the unmanned ship some of its life rescue duty can achieve the effective rescue relief standard,through the complete performance of the said defect analysis,and the effective rescue of a barrier,unmanned ship unmanned ship just take direct aid and indirect aid relief model,combining the part of life at sea rescue duty as an own rescue the conclusion of "effective" standard.Chapter IV: Suggestion on Framework of Rules for the Passing Unmanned Vessels to Fulfill Obligations of Life Salvage At Sea.This chapter is divided into two sections,respectively,from the international rules and domestic rules of the two levels of the current rescue rules to make the unmanned ship applicable to the framework of recommendations,the specific contents of each section are basically listed in accordance with the logical relationship corresponding to the contents of the first two chapters,that is,through the revision of the existing rescue rules,so that the unmanned ship can be applied as a ship,unmanned ship to meet the requirements of the provisions of the allocation and unmanned ship is different from the ordinary ships ability to fulfill the rescue rules.To frame.The first section of this chapter sets out from the level of international rules,from the macro level to solve the legal obstacles of unmanned ships performing the duty of saving lives at sea.Make architectural suggestions to international conventions such as the United Nations convention on the law of the sea,the international convention for the safety of life at sea,and the 1989 convention on international salvage;the second section of this chapter from the domestic rules level,respectively,on maritime law,maritime traffic safety law and other laws and regulations in China to make architectural suggestions.