Aviation Security Law 航空安全法(123)

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3.3ofAppendix4 tothe Annex2 tothe Chicago convention containsa remarkable requirement to unmanned balloons. Such vehicles shall be equipped with at least two payload .ight termination devices or systems. It may well be argued that such devises or systems are required for UAVs as well. An analogy to the operation of UAVs exists in Annex 2 which requires obliges pilots-in-command to take action as will best avert collision. The Annex also requires that vigilance for the purposeofdetecting potential collisionsbe exercised on board anaircraft,regard-lessofthetypeof .ight orthe classof airspaceinwhichtheaircraftisoperating. Therefore,it canbe concludedthat pilots.ying accordinginstrument.ightrules are required to scan the environment visually in order to detect potentially con.icting traf.c. This task may prove dif.cult in the case of UAVs in that although many UAV are equipped with video cameras, it would be dif.cult for UAVoperatorstodetectvehiclesnearby,toassessthe potentialforcon.ictandto initiate appropriate actions. Thisinability mightresultininfringementof Article
3.2.1 of Annex 2, which provides that an aircraft shall not be operated in such proximity tootheraircraft asto create acollisionhazard.Apotential solutionto this problem could be that movement sensors, based on radar or ultrasound devices,similarto parkingassistantsfor cars,are builtinto UAVs. Thedrawback of suchameasure wouldbethe cost involvedandthe additionalweightthathasto becarriedbytheUAV.
445Supra note, Article 2.1.1.
446Supra note, Article 2.2.
447Supra, note 14, Appendix 4, Article 1(c).
448Id, Article 3.2.
449Id, Article 3.4.
450Id, Article 3.6.

I. Legal and Regulatory Issues
The conduct of operations of UAVs are essentiallyState based and therefore becomes an issue of State Responsibility.451 State responsibility in turn is foundedon the basic legal principle of sovereignty and the rights and liabilities of States. International responsibility relates bothto breaches of treaty provisions and other breaches of legal duty. In the Spanish Zone of Morocco Claims case, Justice Huber observed:
[R]esponsibility is the necessary corollary of a right. All rights of an international character
involve international responsibility. If the obligation in question is not met, responsibility
entails the duty to make reparation.452
The principle of State sovereignty in airspace is embodied in Article 1 of the Chicago Convention which recognizes that every State has sovereignty over the air space above its territory, the latter being de.ned in Article2 as land situated within and water adjacent to the State concerned. As for rights over airspace over the high seas, Article 87 of the United Nations Convention on the Law of the Sea of 1982453 awards freedom for the aircraft of all States to .y over the high seas. An important consideration in delineating territorial sovereignty lies in the expansion of Flight Information Regions (FIR) and the provision of air traf.c management services by States particularly when such measures are in.uenced by the revenue generating capabilities that are inherent in such an expansion of scope. The Chicago Conven-tion, in its vision and wisdom, incorporates various provisions regarding the provi-sion of air navigation services by States to aircraft.ying over their territories. Firstly, the Convention guarantees, through provisions included in Chapter XV, that States which are unable to provide air navigation services to aircraft will be assisted.454 Secondly, Article 15 of the Convention assures airlines that every airport in a Contracting State that is open to public use by its national aircraft shall also be open under uniform conditions to the aircraft of allthe other ContractingStates. The conditions are deemed to apply to the use, by aircraft, of every ContractingState of all air navigation facilities, includingradio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. Charges leviedfor such services are deemed by Article 15 to be anti-discriminatory whereby aircraft are not to be charged for airports and air navigation services provided to them at a rate higher than those levied on the national carrier of the State which provides
　
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