영국 법제하의 자율운행선박의 책임 및 보험 - 새로운 기술의 영향 및 그 해석 -
Liability and Insurance in Maritime Autonomous Surface Ship (MASS) under the UK Legal System - The impact of new technologies and the interpretation thereof -
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Emergence of new technologies in relation to a navigation of a vessel, from manned to unmanned status, will bring about fundamental changes to the traditional legal paradigm, which was established based on the presumption of human existence on board of a vessel. Similar changes are witnessed regarding motor vehicles and aircraft, but the unique nature of maritime affairs requires an independent analysis. This paper takes a particular interest in AI and cyber security in MASS and how the new technologies will likely be impacting the liability and marine insurance regime under the UK legal system. After a brief analysis of how UK laws and courts look at autonomous motor vehicles and aircrafts as a comparison, the introduction for Automated and Electric Vehicles Act 2018, a new legislation to regulate the UK motor insurance for automated vehicles, will follow. Liability issues in relation to AI under the UK legal system is addressed based on the analysis of the legal status of AI, with suggestions to bridge the gaps during the transitional period of this paradigm shift. Finally, as marine insurance is often times the name of the game in maritime affairs and marine casualties, the interpretation of current marine insurance law to be applicable to AI and cyber security is suggested. In short, the purpose of this paper was to comprehensively address the areas where the new technology would potentially have an impact on the MASS and what the issues would likely be from the UK legal perspective.
Abstract
Emergence of new technologies in relation to a navigation of a vessel, from manned to unmanned status, will bring about fundamental changes to the traditional legal paradigm, which was established based on the presumption of human existence on board of a vessel. Similar changes are witnessed regarding motor vehicles and aircraft, but the unique nature of maritime affairs requires an independent analysis. This paper takes a particular interest in AI and cyber security in MASS and how the new technologies will likely be impacting the liability and marine insurance regime under the UK legal system. After a brief analysis of how UK laws and courts look at autonomous motor vehicles and aircrafts as a comparison, the introduction for Automated and Electric Vehicles Act 2018, a new legislation to regulate the UK motor insurance for automated vehicles, will follow. Liability issues in relation to AI under the UK legal system is addressed based on the analysis of the legal status of AI, with suggestions to bridge the gaps during the transitional period of this paradigm shift. Finally, as marine insurance is often times the name of the game in maritime affairs and marine casualties, the interpretation of current marine insurance law to be applicable to AI and cyber security is suggested. In short, the purpose of this paper was to comprehensively address the areas where the new technology would potentially have an impact on the MASS and what the issues would likely be from the UK legal perspective.
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