Research On Legal Problems Of Marine Insurance Of Unmanned Ships

Under the background of increasingly intelligent and information-based shipping industry,unmanned ships have attracted the attention of maritime circles at home and abroad because of their remarkable advantages of safety and efficiency.As a big shipping country,China should pay attention to and strengthen the research on unmanned ships in order to enhance its voice and influence in the emerging shipping market.The International Maritime Organization combs the application of existing international conventions to unmanned ships,and provides guidance for exploring the countermeasures and modifications of conventions or rules to the particularity of unmanned ships.Therefore,the main purpose of this paper is to sort out and analyze the existing regulations,to explore the adjustment or modification of insurance system,and put forward some suggestions to keep up with the dynamic development of ship construction and navigation technology.In addition to the introduction and conclusion,this paper is divided into five parts:The first chapter is the basic research.Through the comparison of the existing legal concepts,grades or classifications of unmanned ships,it is clear that the object "unmanned ships" is specifically referred.Then the necessity and feasibility of marine insurance of unmanned ships are analyzed from the angle of risk insurable,insurer and insured.The second chapter is the subject matter of marine insurance for unmanned ships.Through the analysis of the legal status and registration inspection of unmanned ships,it is determined that unmanned ships should be included in the underwriting object of marine insurance system.Then,how to determine the insurance value of the unmanned ships which will be the subject of insurance in the future is analyzed from two aspects:the setting of the shore-based control center and the payment of the wages of the shore-based operators.The third chapter is about the changes in unmanned ships marine insurance underwriting risks.The risks that unmanned ships may face are divided into three categories: general underwriting risks,special underwriting risks,and ship-cargo risks,and compared with the existing provisions of the Maritime Code of the PRC and the Maritime Insurance Act 1906 and the Nordic Maritime Insurance Plan.In view of the potential defect risks in general underwriting risk,the defects in system and procedure are divided into two types: avoidable and inevitable.Based on the important role of shore-based control center and the inspiration of the Inchmaree Clause,the coverage can be expanded.And changes in piracy risks in general underwriting risks still depend on the determination of the legal status of unmanned ships.Regarding the cyber risk of special underwriting risks,it is classified into two types of intentional behavior and unintentional behavior,clarifying that it can be included in the scope of insurance,and analyzing the attitude of current insurance clauses to cyber risks.In addition,a special discussion was made on the identification of network attacks and new types of piracy in intentional behavior.In view of ship-cargo risks,it is carried out from two aspects:the safety risk of unattended cargo and the change of the risk of barratry of the captain or crew.Require the installation of additional cargo monitoring equipment on board unmanned ships and clear terms of reference of shore-based operators.The fourth chapter is the exception liability for marine insurance for unmanned ships.From the point of view of staffing and technical reliability,this paper analyzes the influence on the seaworthiness of unmanned ships and the performance of the insured’s due diligence obligations,so as to research the insurer’s exclusion liability.For the determination of the seaworthiness standard of unmanned ships,the legislative intention to ensure the safety of navigation and protect the marine environment should be emphasized,and some factors for reference should be put forward for the implementation of the insured’s due diligence obligations.The fifth chapter is the suggestion of perfecting the rules of marine insurance for unmanned ships.In view of the specific problems discussed in the above sections,this paper proposes to clarify the legal status of clarifying the legal status of "unmanned ships",conferring legal attributes to the crew of shore-based operators,expanding the scope of underwriting risks,adjusting or clarifying the seaworthiness standard of unmanned ships,the performance standard of the insured to the inspection and maintenance obligation of unmanned ships equipment and the technical quality standard of ships.