The rise of the drones: Framework and governance – why risk it!

Article


Fox, S. 2017. The rise of the drones: Framework and governance – why risk it! Journal of Air Law and Commerce. 82 (4), pp. 683-715.
TypeArticle
TitleThe rise of the drones: Framework and governance – why risk it!
AuthorsFox, S.
Abstract

Some seventy-one years ago it was identified that there was a role for drones to play within our society. Whilst the military were quick to realize this and develop the technology, it is only recently that the civilian application is being explored on mass. That said, given this prediction and the military direction, legislators find themselves now unprepared for the civilian use and market potential. However, this is not an unprecedented situation – the civil aviation (manned) market has often shown the inability to work together, to be prepared and to cooperate. As a consequence, there has been fragmentation and arguably casualties associated with such lethargy.
This paper discusses the aspect of risk, governance and liability (predominately covering safety and security) and the need for a suitable framework to be put in place relating to drone usage (particularly viewed from the perspective of third parties). The paper identifies the challenges, whilst the research focus concerns the direction of the European Union and the lessons learnt from the unity and development of such within the manned civil aviation framework. It is argued, that going forward, there is a need not just to adapt existing aviation systems and mechanism and to apply best practices, but to learn from past failures and the success of other modes and systems

Research GroupLaw and Politics
PublisherSouthern Methodist University
JournalJournal of Air Law and Commerce
ISSN0021-8642
Publication dates
Print18 Dec 2017
Publication process dates
Deposited14 Nov 2017
Accepted01 Jun 2017
Web address (URL)https://scholar.smu.edu/jalc/vol82/iss4/2
LanguageEnglish
Permalink -

https://repository.mdx.ac.uk/item/874z4

  • 20
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

Single European skies: functional airspace blocks - delays and responses
Fox, S. 2016. Single European skies: functional airspace blocks - delays and responses. Air & Space Law. 41 (3), pp. 201-228.
Aligning policies: a flying reform in higher education: The development of aviation professionals
Fox, S. 2016. Aligning policies: a flying reform in higher education: The development of aviation professionals. International Journal of Aviation Management. 3 (1), pp. 1-25. https://doi.org/10.1504/IJAM.2016.078651
ASEAN Open skies – aviation development in 2015: Blue or cloudy skies?
Fox, S. and Ismail, R. 2016. ASEAN Open skies – aviation development in 2015: Blue or cloudy skies? Annals of Air & Space Law. XL, pp. 607-654.
Aviation: a risky business. Green and level playing fields? A paradox of virtues 'dumping' - anti-competitiveness!
Fox, S. 2016. Aviation: a risky business. Green and level playing fields? A paradox of virtues 'dumping' - anti-competitiveness! International Journal of Public Law and Policy. 5 (4), pp. 333-367. https://doi.org/10.1504/IJPLAP.2016.10002969
SPACE: The race for mineral rights ‘The sky is no longer the limit’ Lessons from earth!
Fox, S. 2016. SPACE: The race for mineral rights ‘The sky is no longer the limit’ Lessons from earth! Resources Policy. 49, pp. 165-178. https://doi.org/10.1016/j.resourpol.2016.05.001
BREXIT: A bolt from the blue! – Red sky in the morning?
Fox, S. 2016. BREXIT: A bolt from the blue! – Red sky in the morning? Issues in Aviation Law and Policy. 16 (1).
‘The skies the limit!’: Open Skies – with limitations!
Fox, S. and Ismail, R. 2017. ‘The skies the limit!’: Open Skies – with limitations! European Journal of Comparative Law and Governance. 4 (1), pp. 7-42. https://doi.org/10.1163/22134514-00401001
Flying challenges for the future: aviation preparedness – in the face of cyber-terrorism
Fox, S. 2016. Flying challenges for the future: aviation preparedness – in the face of cyber-terrorism. Journal of Transportation Security. 9 (3-4), pp. 191-218. https://doi.org/10.1007/s12198-016-0174-1
"Mobility and movement are ‘our’ fundamental rights” . . . Safety & security – risk, choice & conflict!
Fox, S. 2017. "Mobility and movement are ‘our’ fundamental rights” . . . Safety & security – risk, choice & conflict! Issues in Aviation Law and Policy. 17 (1).
Borderless skies! Sovereign dominance, regionalism: lessons from Europe
Fox, S. 2017. Borderless skies! Sovereign dominance, regionalism: lessons from Europe. International Journal on World Peace. 34 (4), pp. 19-52.
The skies the limit! Collaborating to open the skies with China – challenges and opportunities
Fox, S. and Ismail, R. 2017. The skies the limit! Collaborating to open the skies with China – challenges and opportunities. European Journal of Comparative Law and Governance. 4 (4), pp. 387-422. https://doi.org/10.1163/22134514-00404002
A ‘risky business’ – aviation safety
Fox, S. 2016. A ‘risky business’ – aviation safety. in: Legal Risk Management, Governance and Compliance: Interdisciplinary Case Studies from Leading Experts Globe Law and Business Ltd.
To practice justice and right’ – international aviation liability: have lessons been learnt?
Fox, S. 2015. To practice justice and right’ – international aviation liability: have lessons been learnt? International Journal of Public Law and Policy. 5 (2), pp. 162-182. https://doi.org/10.1504/IJPLAP.2015.071027
CONTEST’ing Chicago origins and reflections: lest we forget!
Fox, S. 2015. CONTEST’ing Chicago origins and reflections: lest we forget! International Journal of Private Law. 8 (1), pp. 79-98. https://doi.org/10.1504/IJPL.2015.066719
The evolution of aviation: in times of war and peace: blood tears and salvation
Fox, S. 2014. The evolution of aviation: in times of war and peace: blood tears and salvation. International Journal on World Peace. 31 (4), pp. 49-79.
Safety and security: the influence of 9/11 to the EU framework for air carriers and aircraft operators
Fox, S. 2014. Safety and security: the influence of 9/11 to the EU framework for air carriers and aircraft operators. Research in Transportation Economics. 45, pp. 24-33. https://doi.org/10.1016/j.retrec.2014.07.004