| Aviation and regulation are intrinsically linked.Of course,this is considered obvious and is widely recognised when regarding aircraft.However,as technology develops throughout the world at a breath-taking pace its importance must not be overlooked.Managing the airspace is arguably one of the most complex and pedantic regulatory challenges that government and regulators have faced since the birth of the aircraft.Since the rapid emergence of the drone,and as a result,the commercial UAS,into modern day society,regulators and governments across the globe are faced with a unique challenge that has never been seen before.There is no doubt that UAS technology will continue to grow at an exponential rate.There is also no doubt that,much like the jet engine,it is set to change the face of the aviation industry forever.The overall objective of this paper is to examine the legal issues relating to the introduction and use of UAS technology for civilian applications.In particular it will consider the adequacy of the existing legal and regulatory frameworks that control civil aircraft operations in terms of its ability to accommodate this new technology.Therefore,the subject matter focused on throughout this research paper fits within the social and legal academic disciplines.The advent of UAS technology has caused many regulators to rethink strategy of how to best incorporate this developing technology into national airspace.This paper primarily focuses on the approach taken by two key nations,namely China and the United States,in its assimilation of UAS into their airspace.It details the dramatic rise of UAS and the capabilities it provides for civilian and commercial use.Moreover,it analyses the already existing regulations in place and the challenges UAS activities place on said regulations,primarily focusing on airspace.Finally,it briefly assesses the issue of privacy,the regulatory standards pertaining to each nation,and the effect UAS activities pose on these regulations.In regard to domestic legislation this paper will primarily use China and the United States of America as a case study for a number of reasons.Firstly,these two states are the top two economic powers in the world today and can arguably be described as opposites when looking at their laws and regulations,with China being a Civil law system and,for the most part,not having an independent judicial system,and the US being a Common law system.Furthermore,Chinese law doesn't put too much value on legal precedents whereas the US has the rule of stare decisis.Secondly,they are at the forefront of UAS technology across the world and provide a valuable insight into the present and future of UAS technology for the entire world.Finally,although there are already a lot of scholars discussing UAS technology and its regulations regarding the US,this appears not to be the case for China,something that this author intends to remedy.Using China and the US as a basis for this research three major aspects that relate to these two states will be at the forefront of analysis,these are national airspace,UAS regulations and privacy.Therefore,this paper will attempt to focus on one core question:Do civilian UAS activities challenge the current constitutional limitations of China and the US to regulate in respect to aviation?It is of the author's opinion that once a domestic regulatory regime is realised it must then be harmonised on an international scale.The International Civil Aviation Organisation(ICAO)must therefore be examined in relation to UAS as they are at the forefront of international legislation for the commercial air transport system.This proposal is supported by the ICAO as it too is their objective to realise international harmonisation of UAS regulations as it is the strategy they have adopted when providing UAS certification guidance material to contracting states.Therefore,a secondary question will be analysed throughout the paper:can UAS regulations be internationally harmonised?... |
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