Study On The International Law Issues Of Unmanned Ships

Unmanned ships are playing an increasingly important role in civil use,military use and marine research.This article will analyze the international conventions that have a high degree of relevance to “ships”,namely,UNCLOS,SOLAS,COLREGS,and STCW,to clarify the definition and international legal status of unmanned ships.Unmanned ships are“unmanned surface vessels that operate on the surface of the water and navigate by remote control,autonomous means,or a hybrid of the two”,and belong to the “ships” in international law.This article will discuss the impact of the special structure of unmanned ship on the obligations of ships(to ensure the safety of navigation and the safety of life at sea,and collision avoidance obligations,etc.).Even if some of the technical details in the existing international conventions are not fully applicable to unmanned ships,unmanned ships should use relatively flexible methods and alternative means to fulfill the obligations.The military use of unmanned ships is also discussed in this article.On the one hand,the relationship between unmanned military ships and “warships” in the perspective of international law is discussed.If remote control is interpreted as “under the command of an officer”,unmanned ships may constitute warships in the international law.In addition,the complexity and sophistication of unmanned technology make cyberspace and ocean space overlap,and the military use of unmanned ships will be regulated by both the law of the sea and the rules of cyber operations.On the other hand,as the new combat method,unmanned ships can be used in maritime armed conflict,while the existing international rules of maritime armed conflict may not cover such new technologies.The wildly use of unmanned military ships reflects the lag of such rules.Besides,unmanned ships may also be identified as autonomous weapon systems,which need to follow the principle of distinction and proportionality in international humanitarian law.Finally,based on the application status and future development prospect of unmanned ships,the countermeasures of China from the perspective of international law will be provided.It is necessary to actively participate in and create international treaties,to improve domestic laws related to unmanned ships from the perspective of the subject status and seaworthiness conditions,and to systematically stipulate the strategic deployment of unmanned ships,so as to provide legal basis for the military use of unmanned ships.