چالش های حقوقی قوانین بیمه دریایی در به کارگیری از کشتی های بدون سرنشین (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
همان طور که صنایع مختلف به سمت هوشمندسازی درحال حرکت اند، صنعت کشتی رانی و سیستم حمل ونقل دریایی نیز از این امر مستثنی نیست و کشتی های بدون سرنشین به منزله مبحثی مهم در این حوزه توجه صاحبان صنایع را به خود جلب کرده است. این امر درحالی است که استفاده از این گونه کشتی ها باوجود مزایای فراوان، باتوجه به فنّاوری نوین حاکم بر آن، با فقدان یک چهارچوب قانونی مناسب و چالش های حقوقی بی شمار، نظیر نبود قوانین بیمه مناسب با قابلیت پوشش ریسک های جدید روبه روست. به همین منظور، هدف این مقاله پاسخ به این سؤال است که تا چه اندازه کشتی های بدون سرنشین در چهارچوب مقررات فعلی، قابلیت بیمه شدن دارند و آیا به منظور بیمه چنین کشتی هایی به تغییر اصول سنتی حقوق بیمه نیاز هست یا خیر؟ نتایج حاصل از این پژوهش، که با روش تحقیق توصیفی تحلیلی به نگارش درآمده است، بیان می کند که اگرچه قواعد موجود در قانون بیمه فعلی برای بیمه کشتی های بدون سرنشین، مانعی ایجاد نمی کنند، لازم است به منظور ظهور مفاهیم نوین در این گونه کشتی ها نظیر مراکز کنترل از راه دور و وجود ریسک های جدید نظیر حملات سایبری، خطرات ناشی از خطاهای طراحی و برنامه نویسی، قطعات سخت افزاری و نرم افزاری نوین، چهارچوبی قانونی متناسب با این تغییرات ایجاد و نظام مسئولیت حاکم بر این گونه کشتی ها بازنگری و اصلاح شود.Legal Challenges of Marine Insurance Laws in the Use of Unmanned Ships
As various industries move towards automation, the shipping and maritime transportation sector are not exempted from this. Unmanned ships have become an important topic in this field, drawing the attention of industry owners. Despite the numerous advantages of these ships and their cutting-edge technology, they face a lack of a suitable legal framework and countless legal challenges. For instance, the absence of adequate insurance laws capable of covering the new risks associated with unmanned ships presents a significant obstacle. For this reason, The study aims to address t to what extent unmanned ships can be insured within current regulations, and whether there's a necessity to modify traditional insurance principles to ensure coverage for these ships. The results of this research, which was written with the descriptive-analytical research method, indicate that although the existing rules in current insurance laws do not pose a barrier to insuring unmanned ships, there is a need to establish a suitable legal framework due to the emergence of new concepts in such ships. These include remote control centers and the existence of new risks such as cyber-attacks, hazards from design and programming errors, as well as novel hardware and software components. Consequently, there's a requirement to review and amend the legal framework governing these ships' liability system to accommodate these alterations. Keywords: Unmanned Ships؛ Insurance Laws؛ New Risks؛ Review and Amendment of Regulations 1. Introduction In the realm of international trade, maritime transportation holds a position of unparalleled importance. This significance largely stems from its capacity to handle the growing demands of global commerce efficiently. Over the past few decades, economic globalization has catalyzed an unprecedented increase in demand for maritime transport. The synergistic interplay of burgeoning global trade volumes, lower transportation costs, and the ability of marine shipping to handle massive quantities of goods has propelled this sector to develop at a pace that often exceeds the growth rate of international trade itself. Recent technological advancements have left an indelible impact on the maritime industry, with unmanned ships emerging as a cornerstone of its future trajectory. These intelligent and autonomous vessels, often referred to by the acronym MASS (Marine Autonomous Surface Ship), are conceptualized to mitigate longstanding issues in the maritime sector, such as rising fuel and energy costs, increasing demand for maritime transport, a shortage of skilled seafarers, high labor costs, and environmental pollution. MASS leverages cutting-edge electronic and technical expertise to revolutionize traditional shipping paradigms. These innovations have garnered significant attention from nations, maritime industry stakeholders, and preeminent organizations like the International Maritime Organization (IMO), which is the principal entity for establishing global naval standards. The deployment of unmanned ships offers numerous advantages. These include significant cost reductions in transportation, fewer accidents and collisions attributable to human error, enhanced operational speed, and minimization of idle times. Furthermore, these vessels promise lower operational costs, optimized ship designs, increased cargo capacity, reduced fuel consumption, and consequently, a substantial decrease in environmental pollutants. Despite these benefits, the adoption of unmanned ships is fraught with numerous challenges. These encompass vulnerabilities to cyber-attacks, software malfunctions, ambiguity in legal frameworks, inadequate emergency response mechanisms, communication hurdles in remote maritime environments such as polar regions, security threats, operational incongruities with traditional vessels, and critically, complexities associated with insuring these ships under existing legal regimes. This study seeks to identify and meticulously analyze the legal and insurance-related challenges surrounding unmanned ships while offering practical solutions to address these issues. It focuses on answering the pivotal question: To what extent can remotely controlled vessels be insured within the parameters of existing legal frameworks? This inquiry holds particular significance as insurance costs, including accident insurance, constitute a major consideration for shipowners and operators in deciding whether to incorporate such vessels into their fleets. Specifically, the study aims to address three critical questions: Do unmanned ships possess characteristics that preclude their insurability? Is there a necessity to revise traditional principles and doctrines of insurance law to accommodate the unique requirements of these ships? Can the current insurance market adequately cover the risks faced by owners and operators of unmanned ships? Additionally, the research underscores the need for insurers to reevaluate the functionality of conventional hull insurance and explore the design of new insurance models that account for emerging risks and the interplay between hull insurance and other coverage types. Given the increasing discourse on this subject within the insurance market, it appears imperative to develop a standardized set of insurance conditions and clauses tailored for unmanned ships. 2. Research Background Technological advancements and the advent of unmanned ships have prompted a surge in scholarly investigations into the benefits, challenges, and regulatory requisites of this innovation. The IMO has been at the forefront of efforts to assess the implications of unmanned ships on existing regulations, identify legal gaps, and formulate new frameworks. Previous studies have highlighted the economic and environmental benefits of unmanned ships, such as cost reduction, increased efficiency, and decreased emissions. However, these advantages are counterbalanced by challenges, including the absence of comprehensive legal frameworks, susceptibility to cyber threats, complexities in insurance, and the lack of international standards for design and operation. Leading maritime nations, including the United States, the United Kingdom, Japan, and Norway, have undertaken initiatives to draft regulations for remote-control centers and delineate responsibilities during incidents. These efforts signify a global drive to adapt to this transformative technology. In contrast, domestic legal frameworks in countries like Iran remain primarily focused on traditional shipping. Consequently, there is a dearth of research addressing contractual challenges in maritime transportation and the requisite amendments to insurance laws, particularly in the context of unmanned ships. 3. Research Methodology This descriptive-analytical study explores the legal and insurance-related challenges associated with unmanned ships. It employs a dual approach: first, by analyzing existing legal documents, international regulations, and the experiences of leading maritime nations; and second, by identifying weaknesses and gaps within current legal and insurance frameworks. This method allows for the development of practical recommendations to align existing laws with the demands of autonomous shipping technologies. Data collection involved a thorough review of documents and reports from international organizations, such as the IMO, alongside an examination of relevant legal cases. This methodology facilitates the extraction of actionable insights to address emerging challenges and tailor insurance laws to the unique needs of autonomous technologies. 4. Findings The findings of this study reveal that, despite their technological advancements and operational benefits, unmanned ships face significant legal and insurance challenges. Current legal frameworks are inadequate to address the unique risks posed by these vessels, including design and programming flaws, cyber threats, and hardware failures. Traditional insurance systems struggle to provide appropriate coverage due to the complexities introduced by autonomous technology. For instance, the absence of historical data on incidents involving unmanned ships complicates risk assessment. This issue mirrors challenges encountered in ensuring other emerging technologies lack precedent for risk analysis. Additionally, the intricate design of these vessels often necessitates advanced tools, such as drones, underwater robots, and specialized sensors, to access internal components. However, many insurers lack access to these technologies, thereby complicating the insurance process. Unmanned ships' reliance on navigation software introduces another layer of risk; any failure in these systems could result in catastrophic and widespread consequences, particularly if such failures occur across multiple vessels. Another critical challenge lies in balancing transparency and privacy. Emerging insurance regulations require companies to disclose detailed information about risks. However, sharing technical specifics of unmanned ships may compromise their security and privacy. Striking a balance between insurance requirements and confidentiality remains a significant hurdle. Moreover, design and programming flaws represent a significant risk. While such defects can lead to severe incidents, most current insurance policies do not cover these risks. Addressing this issue necessitates the creation of tailored policies that specifically include such vulnerabilities. Cybersecurity risks are another pressing concern. Autonomous ships are inherently dependent on digital systems, making them vulnerable to cyber-attacks that could disrupt software functionality or expose sensitive data. Traditional insurance policies typically exclude these risks, underscoring the need for new policies to address cybersecurity challenges. Remote control centers also introduce novel risks. Communication breakdowns or operator errors can result in major incidents, yet existing laws are insufficient to manage such risks effectively. These findings highlight the necessity of revising insurance laws and designing new policies to address emerging risks. Furthermore, revisiting liability frameworks is essential to delineate responsibilities among key stakeholders, including shipowners, remote-control operators, and developers of software and hardware systems. Such measures can foster greater confidence among insurers and users of this technology. Additionally, the issuance of software certification and the standardization of hardware and software components can mitigate risks and build trust among insurers and stakeholders. A review of actions taken by leading nations, such as the United States, the United Kingdom, Norway, and Japan, underscores the importance of creating new legal frameworks and aligning existing conventions with autonomous technologies to facilitate their integration into international waters. 5. Conclusions This study underscores the critical need for comprehensive legal and insurance reforms to address the challenges posed by unmanned ships. Existing insurance laws are ill-equipped to accommodate the specific risks associated with this technology. Key risks, such as cyber threats, software malfunctions, and design flaws, require innovative insurance models to ensure comprehensive coverage. The findings emphasize the importance of revising liability frameworks to clearly define the roles and responsibilities of stakeholders, including shipowners, remote-control operators, and software developers. Transparency in responsibility allocation can reduce disputes and streamline the resolution of legal claims. Furthermore, standardizing the design and functionality of unmanned ships and issuing certifications for software and systems are vital steps in minimizing risks and fostering trust among insurers and operators. Lastly, the study highlights the necessity of updating international conventions to align with the technological realities of unmanned ships. Examining the experiences of leading nations reveals that international collaboration is essential to the successful adoption of these technologies. By implementing these recommendations, the maritime industry can overcome legal and insurance barriers, paving the way for broader acceptance and integration of unmanned ships. Given their economic and environmental benefits, these vessels represent a transformative force in the maritime sector, and addressing their legal and insurance challenges is a crucial step toward realizing their potential.
تبلیغات
