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430The main concern of the International Civil Aviation Organization in its role as regulator in this context is with international civil UAV operations and those standards that affect such operations. ICAO should therefore, not be expected to take on a leading role in the development of aircraft performance speci.cations.
431An ICAO Exploratory Meeting on Unmanned Aerial Vehicles (UAVs) was held at ICAO Headquarters in Montreal from 23 to 24 May 2006. The primary objective of the meeting was to explore the current state of affairs with respect to development of regulatory material related to UAVs and to discuss the possible role of ICAO in the regulatory process. The meeting was informed that the ICAO Secretariat would use the results of the meeting as the basis for developing a report to the ICAO Air Navigation Commission (ANC) along with recommendations on an ICAO work programme.
432At least four States: Australia; France; South Africa; and the United States are known to have commenced a programme developing standards for UAV operations. See Alexander ter Kuille, UASD and the ATM Community: The CANSO Policy of Engagement, UAV Systems, The Global Perspective, 2006/2007 Blyenburgh& Co.: France, p. 24 at 25.
433Convention on International Civil Aviation, Supra note 3. Air traf.c Services: Annex 11 to the Convention on International Civil Aviation, 13th Edition, July 2001.
F. Unmanned Aerial Vehicles
Chicago Convention.434 Standard 2.17.2 of Annex 11 explains that the objective of the coordination referred to in the earlier provision shall be to achieve the best arrangements that are calculated to avoid hazards to civil aircraft and minimize interference with the normal operations of aircraft.
The Chicago Convention435 is focused on civil aviation, and applies to civil aircraft. The Convention does not apply to State aircraft, which are identi.ed as aircraft engagedin police, military an customs services.436 Therefore, principles of the Convention will apply only to UAVs not engaged in such activities as are excluded. One of the provisions which may have a bearing on UAVs in the Convention is Article 8 which stipulates that no aircraft capable of being .own without a pilot shallbe .own without a pilot over the territory of a contracting State without special authorization by that State. Furthermore states allowing the opera-tion of aircraft that do not have a pilot in air space open to civil aircraft are required to ensure that they are so controlled as to obviate danger to civil aircraft. One of the common usages of UAVs – aerial photography – is affected by Article 36 of the Chicago Convention which empowers contracting states to prohibit or regulate the use of photographic apparatus in aircraft over its territory. Presumably this provision can be tagged on to Article1 of the Convention whereby everyState has complete and exclusive sovereignty over the airspace above its territory. Another important consideration could lie in Finally Annex 17437 to the Chicago Conven-tion, on the subject of aviation security where. Article 2.1.2 of the Annex states that each Contracting State shall establish an organization and develop and implement regulations, practices and procedures to safeguard civil aviation against acts of unlawful interference taking into account the safety, regularity and ef.ciency of .ights. This could impel States to develop regulations and practices addressing the interference of control signals or even the hostile takeover of the command of an UAV which is a very common hazard to the operation of UAVs.
Another challenge in the operation of UAVs is licensing of personnel in charge of the operation of the vehicle and certi.cation of the UAV. Article 31 of the Convention provides that every aircraft engagedin internationalnavigation shallbe provided with a certi.cate of airworthiness issued or rendered valid by the State in which it is registered. The Standards and Recommended Practices (SARP) for the issuance of an airworthiness certi.cate are laid down in Annex8438 to the Chicago
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Aviation Security Law 航空安全法(121)
