Author
Dr Lee Unho
Organisation/Institution
Kyushu University, Faculty of Law
Country
JAPAN
Panel
Maritime Law
Title
Regulatory Development of Maritime Autonomous Alternative Ships: Comparative Perspectives of Japan and Korea
Abstract
Despite uncertainties regarding the necessity and feasibility of establishing or amending legal frameworks for operating Degree-4 Maritime Autonomous Surface Ships (MASS) in international waters, it is vital to consider potential dilemmas arising from AI applications to MASS and explore solutions for crafting effective regulations. Currently, regulatory schemes primarily guide trial operations of MASS. Following the International Maritime Organization (IMO) initiatives in 2019 and the European Union (EU) guidelines in 2020 for MASS trials, Japan and Korea have also taken steps to support the testing and safe operation of these systems. Japan introduced relevant safety guideline in 2022 aiming to address precautions to ensure safety in the design, installation, and operation of autonomous ships. Korea enacted legislation in 2023 to promote technological advancements and commercialization of MASS – it is interesting to note that this legislation ensures that MASS trials adhere to existing regulations by explicitly providing exemptions from certain existing regulations. While both countries aim to align with the ongoing developments of the IMO’s MASS Code, their regulatory approaches exhibit unique characteristics in direction, methodology, and scope. Despite their current limitations and incomplete nature, these regulatory techniques may provide some valuable hints into how to approach in regulating Degree-4 MASS effectively in the future.
Biography
Unho Lee is a lecturer of international business law at the faculty of law in Kyushu University, Japan. Peter received his LL.M. and LL.D. from Kyushu University in 2013 and 2017, respectively, under the MEXT (Japanese Government) scholarship. He also completed a research course on maritime commercial law at Korea University, South Korea, in 2021. He currently teaches at both the undergraduate school (e.g. International Transaction Law) and the graduate level (LL.M.) (e.g. HCCH Conventions). Recently, he has also begun teaching International Maritime Law, succeeding Emeritus Professor Časlav Pejović in the same university. His primary research interests lie in the legal developments for electronic bills of lading, carriage of goods by sea, and international jurisdiction. His recent publications include: Assessment of Legal Instruments for the Use of Electronic Bills of Lading (2020); Recognition and Enforcement of Foreign Judgments in South Korea (2019); Blockchain Bills of Lading: A New Generation of Electronic Transport Documents (2022); and Direction and Analysis of Electronic Bill of Lading Legislation of Major Countries, Focusing on the UK and Japan (2023, in Korean). He is a member of Maritime Law Associations in Japan and Korea. He has also been actively engaged in the work of international legal education, managing the Global Vantage Program in university.