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.
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.

JournalJournal of Air Law and Commerce
Journal citation82 (4), pp. 683-715
ISSN0021-8642
Year2017
PublisherSouthern Methodist University
Web address (URL)https://scholar.smu.edu/jalc/vol82/iss4/2
Publication dates
Print2017
Publication process dates
Deposited02 Mar 2020
Copyright holder© 2017 Southern Methodist University
Permalink -

https://repository.uel.ac.uk/item/87v56

  • 139
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month

Export as

Related outputs

Tracking the position Global satellite navigations in Europe Expanding man's understanding ‘GALILEO: 2020!’
Fox, S. 2020. Tracking the position Global satellite navigations in Europe Expanding man's understanding ‘GALILEO: 2020!’. Communications Law. 25 (4), pp. 191-208.
An Obligation to Provide Air Travel in the Covid-19 Era (A European Perspective)
Fox, S. 2020. An Obligation to Provide Air Travel in the Covid-19 Era (A European Perspective). Issues in Aviation Law and Policy. 20 (1), pp. 27-69.
The ‘risk’ of disruptive technology today (A case study of aviation – Enter the drone)
Fox, S. 2020. The ‘risk’ of disruptive technology today (A case study of aviation – Enter the drone). Technology in Society. 62 (Art. 101304). https://doi.org/10.1016/j.techsoc.2020.101304
Flying the flag for business unity in a period of uncertainty
Fox, S. 2019. Flying the flag for business unity in a period of uncertainty. Financial Director.
Policing: Monitoring, Investigating and Prosecuting ‘Drones’
Fox, S. 2019. Policing: Monitoring, Investigating and Prosecuting ‘Drones’. European Journal of Comparative Law and Governance. 6 (1), pp. 78-126. https://doi.org/10.1163/22134514-00601003
Policing mining: In outer-space greed and domination vs. peace and equity a governance for humanity!
Fox, S. 2019. Policing mining: In outer-space greed and domination vs. peace and equity a governance for humanity! Resources Policy. 64 (Art. 101517). https://doi.org/10.1016/j.resourpol.2019.101517
Policing degrees: New top up degree for serving officers means ‘no-one gets left behind’
Fox, S. 2019. Policing degrees: New top up degree for serving officers means ‘no-one gets left behind’. Policing Insight.
Positioning the Drone: Policing the “Risky” Skies
Fox, S. 2019. Positioning the Drone: Policing the “Risky” Skies. Issues in Aviation Law and Policy. 18 (2), pp. 295-331.
Policing Aviation: Keeping the Peace Intelligence-Fed Security!
Fox, S. 2019. Policing Aviation: Keeping the Peace Intelligence-Fed Security! International Journal on World Peace. 36 (1), pp. 63-92.
Policing - The technological revolution: Opportunities & challenges!
Fox, S. 2018. Policing - The technological revolution: Opportunities & challenges! Technology in Society. 56, pp. 69-78. https://doi.org/10.1016/j.techsoc.2018.09.006
A ‘new’ approach to research: The London-focused policing research network
Fox, S. 2018. A ‘new’ approach to research: The London-focused policing research network. Policing Insight.
EU Enforcement Mechanisms: Passenger Rights and EC Regulation 261/2004
Fox, S. and Martín-Domingo, L. 2018. EU Enforcement Mechanisms: Passenger Rights and EC Regulation 261/2004. Annals of Air & Space Law. XLIII.
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. 9-41.
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), p. 387–422. https://doi.org/10.1163/22134514-00404002
'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), p. 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), p. 191–218. https://doi.org/10.1007/s12198-016-0174-1
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.2016.082257
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), p. 1–25. https://doi.org/10.1504/IJAM.2016.078651
Single European Skies: Functional Airspace Blocks – Delays and Responses
Fox, S. 2016. Single European Skies: Functional Airspace Blocks – Delays and Responses. Air and Space Law. 41 (3), p. 201–227.
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), pp. 83-120.
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
'To practise justice and right' - international aviation liability: have lessons been learnt?
Fox, S. 2015. 'To practise 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. 73-98. https://doi.org/10.1504/IJPL.2015.066719
ASEAN Open skies – aviation development in 2015: Blue or cloudy skies?
Fox, S. and Ismail, R. 2015. ASEAN Open skies – aviation development in 2015: Blue or cloudy skies? Annals of Air & Space Law. XL, pp. 607-654.
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