A Study on Legal Issues Concerning the Autonomous Ship under Maritime Legal Regimes = 해상법 하에서의 자율선박에 관한 법률적 쟁점에 관한 연구

다국어 초록 (Multilingual Abstract)

In the era of the 4th Industrial Revolution, technology change and innovation are required throughout the new economy and society. In the shipping industry, the development of autonomous ship technology has attracted worldwide attention, and interest is growing in academia, industry, and maritime authorities. Technological changes in the aviation, automobile, and information and communication sectors have caused a wave of technological innovation in the shipping and shipbuilding sectors. Voices have recently been growing over the need to introduce autonomous ships linked to automation, eco-friendliness, digitalization, and artificial intelligence. Increasing trust and social acceptance of emerging new technologies help manufacturers become more efficient. Artificial intelligence contributes to solving challenges in many aspects, including securing maritime safety, reducing crew costs, promoting eco-friendliness, and streamlining logistics based on convergence with 4th Industrial Revolution technologies. Autonomous ships can contribute to reducing ship operational costs by replacing traditional crews with artificial intelligence to prevent marine accidents caused by human factors and operate ships reliably and efficiently.

The use of autonomous ships in maritime transport seems inevitable; however, if autonomous ships are commercialized, sophisticated issues will arise. The impact of new technologies and the challenges that come along with them on maritime operation should be assessed from both technical and regulatory perspectives. In addition to the technical requirements for autonomous operation on ships, a new generation of naval architects, technicians, and engineers are equally needed at the shore-side. Training and education for new roles in operation and management are quickly required simultaneously. The challenges are not merely technical; accommodating the existing legal regime to new developments is another essential consideration. Automation technologies may give rise to significant terminological confusion, and there are important challenges and legal issues that must be analyzed with great caution. Many of the rules are defined and operated under the assumption that human elements are involved on board, with the master and crew in charge of the ship. However, the automation of ships allows for the eventual absence of human elements on board, which incurs significant consequences that require a thoughtful response from maritime law. It is necessary to explore the extent to which existing legal regimes from both public and private maritime laws may require a new legal framework or a modified amendment.

Indeed, the International Maritime Organization (IMO) agreed to conduct a regulatory scoping exercise relating to MASS at the 105th LEG meeting and the 99th MSC meeting in 2018. It processed a regulatory scoping exercise on autonomous ships to identify which existing instruments need to be developed and which legal instruments need to be amended. The list of instruments to be covered includes, among others, those covering safety (The International Convention for the Safety of Life at Sea, SOLAS); collision regulations (The International Regulations for Preventing Collisions at Sea 1972, COLREG); training of seafarers (The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, STCW); search and rescue (SAR); The International Convention for the Prevention of Pollution from Ships (MARPOL); Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA), and The International Convention on (SALVAGE). However, there is still a long way to go, and it is not easy to determine the degree of reform that should be carried out. Against this background, this study aims to contribute to laying the foundation for the establishment of new regimes through the IMO by addressing maritime law and maritime legal issues related to autonomous ships. The main objective of this research is to critically evaluate the legal framework closely linked with the use of autonomous ships.

This research covers several selected topics associated with autonomous ships, spanning public and private legal issues arising from the operation of autonomous ships. This paper consists of a total of five chapters, with the introduction explaining the purpose of the study, methodology, and literature review. Chapter 2 is dedicated to assessing the development of autonomous technologies and the contributions of artificial intelligence in making the shipping industry more efficient. Central to this discussion are the basic terminology and legal definition associated with the use of autonomous ship, as well as the advantages of autonomous technology in enhancing the safety and environmental sustainability of the shipping industry. Special attention is given to common causes of legal issues related to autonomous ships and the concerns that arise with their development. Chapter 3 examines key maritime terms and seeks to find corresponding interpretations under public maritime law. This section also addresses the rights and obligations of states imposed by the 1982 UN Convention on the Law of the Sea, with issues such as flag state jurisdiction and the rights of navigation for autonomous ships discussed. The corresponding legal implications in South Korea and China are also assessed. Chapter 4 covers a selected collection of private law issues associated with the use of autonomous ships in the maritime industry, which are affected by emerging technologies and, in turn, influence the development of autonomous ships. This section delves into topics such as seaworthiness of autonomous ships, cyber risks posed in the new era, and potential liability regimes for intelligence systems and autonomous ships. In the final part of this chapter, the challenges of marine insurance for the use of autonomous ships are reviewed, as well as the assured's duty of fair presentation and the insurer's knowledge of the assured risk.

By focusing on the conceptual implications of autonomous ships, this research identifies several essential legal issues connected to the development of autonomous technologies that have not yet been fully addressed. The requirements provided under existing IMO Conventions need reconsideration and amendment for the use of autonomous ships. Although amending the existing regimes may be challenging, treaty interpretation could provide an effective way to resolve issues related to the use of autonomous ships. Regardless, it is clear that necessary changes to existing legal regimes will take time and face scrutiny and opposition from various government authorities and maritime industries.

목차 (Table of Contents)

• ABSTRACT I
• 국문 초록 VI
• ACKNOWLEDGES IX
• TABLE OF CONTENT XI
• LIST OF ABBREVIATION XIV
• CHAPTER 1 - INTRODUCTION 1
• 1.1 Background of the Study 1
• 1.2 Central Legal Issues 7
• 1.3 Purpose of the Study 9
• 1.4 Brief Literature Review 13
• 1.5 Structure and Methodology of the Study 18
• CHAPTER 2 – THE SHIP AND ITS ASSOCIATED LEGAL CHALLENGES 22
• 2.1 The ‘Ship’ in International Law 22
• 2.1.1 The Rules Defining a Ship 22
• 2.1.2 The Legal Status of Autonomous Ship 24
• 2.1.3 The Autonomy, Master and Shore Based Controller 28
• 2.2. Common Causes Giving Rise to legal Issues 38
• 2.2.1 Confusion Arising from the Interchange of Terminology 38
• 2.2.2 Inappropriate use of the ‘level of Autonomy’ 40
• 2.2.3 Conflicts Arising from Human Presumption. 41
• 2.2.4 The Competence of SBOs/Autonomous Systems: A Lack of Clarity. 42
• 2.3 The Arising Concerns for the Use of Autonomous Ship 44
• 2.3.1 Safety and Security Concern 44
• 2.3.2 Cyber Risk Concern 45
• 2.3.3 Substantial Regulatory Challenges 47
• 2.4 Concluding Remark 50
• CHAPTER 3 – LEGAL ISSUES CONCERNING THE AUTONOMOUS SHIP UNDER PUBLIC LAW 56
• 3.1 Training and Watch-keeping 58
• 3.2 Safety of life at Sea 63
• 3.2.1 The Necessity of Shore-Based Controlling Centre 64
• 3.2.2 Safe Manning Issues 65
• 3.2.3 Render Assistance at Sea 71
• 3.3 Prevention of Collisions at Sea 78
• 3.3.1 Good Seamanship 79
• 3.3.2 Proper Look-out 84
• 3.3.3 Accommodation for Autonomous ships 87
• 3.4 Concluding Remark 90
• CHAPTER 4 - LEGAL ISSUES CONCERNING AUTONOMOUS SHIP UNDER PRIVATE LAW 94
• 4.1 The Legal Basis for the operation of Autonomous Ship 94
• 4.1.1 The Legal Status of the Ship 94
• 4.1.2 The Legal Status of the Master and SBOs 96
• 4.1.3 The Legal Status of the Autonomous System 100
• 4.1.4 The Applicable Basic Legal Regime 103
• 4.1.5 Concluding Remark 116
• 4.2 The Issue of Seaworthiness of Autonomous Ship 118
• 4.2.1 Defining the Varying Concept 118
• 4.2.2 The Aspects to be Seaworthy 121
• 4.2.3 Due diligence and the Autonomous Ship. 126
• 4.2.4 Learn From the CMA CGM Libra 129
• 4.2.5 Concluding Remark 132
• 4.3 Contractual Liability Arising from Autonomous Ship 137
• 4.3.1 The Owner and Carrier 137
• 4.3.2 Carriage by Sea 145
• 4.3.3 Salvage and General Average 165
• 4.3.4 Package limitation 176
• 4.3.5 Concluding Remark 178
• 4.4 Tortious Liability Arising from Autonomous Ship 181
• 4.4.1 Collision of Ships 181
• 4.4.2 Legal Issues Arising from Cyber Security 203
• 4.4.3 Autonomous System and Relevant Legal Issues 224
• 4.5 Marine Insurance Response to Autonomous Ship 246
• 4.5.1 Insuring the Autonomous Ship 248
• 4.5.2 Risks from Unknown Defect in the System 251
• 4.5.3 Risks from External and Internal Sources 258
• 4.5.4 Issues Concerning Good Faith 262
• 4.5.5 Concluding Remark 272
• CHAPTER 5 - CONCLUSION 275
• REFERENCE 282