Author
Dr Yuran Shi
Organisation/Institution
Wuhan University
Country
CHINA
Panel
International Law
Title
Safety Regulation of the Low-Altitude Economy: Advanced Air Mobility and the International Civil Aviation Organization
Abstract
Transportation is continually evolving, with each advancement bringing new opportunities that fundamentally transform how people and goods are being transported. A recent development in the air transport industry is the emergence of operational concepts based on innovative technologies like unmanned aircraft systems (UAS) and aircraft with vertical take-off and landing (VTOL) capability. These technological advancements have accelerated efforts to create and integrate the Advanced Air Mobility (AAM) initiative, a new form of air mobility that prioritises smart, green, and digital transportation. In China, AAM is driving the growth of an innovative and inclusive industry centred around the concept of the low-altitude economy. Possible applications include the last-mile cargo delivery using compact unmanned aircraft. The use of unmanned aircraft, commonly known as drones, is expected to offer a cost-effective solution for delivering packages to private residencies or central distribution hubs. Use cases for the low-altitude economy may also include drone employment for civil surveillance, governmental operations, emergency scenarios, precision agriculture, initial site assessments, and police surveillance. Additionally, eVTOL aircraft can transport passengers as a solution to ground transportation congestion. The introduction and growth of the low-altitude economy require adaptations of the law to new technologies. As innovative aircraft are developed, the Civil Aviation Authorities (CAAs) and local governments must amend operational rules and pilot training requirements as needed. Market and operational conditions differ between States. When integrating potential AAM operations into national airspace, globally harmonised regulatory principles could provide model legislation, upon which individual States may base their governance of AAM operations. ICAO’s main objectives are to promote safety and the orderly development of civil aviation worldwide. Should globally harmonised principles be considered, ICAO would likely offer the most effective global framework. This raises the research question: what role does ICAO play in regulating the safety of the low-altitude economy? This article aims to answer this question by first providing context and exploring the emerging concept of the low-altitude economy and the need for globally harmonised principles for aviation regulation in Part Ⅰ. Part Ⅱ introduces the Chicago Convention (1944), which shaped the regulatory framework of international air law and contributed to the establishment of ICAO. This Part examines ICAO’s progress towards the coordinated regulation of unmanned aviation. ICAO has adopted two distinct technical workstreams for regulating unmanned aircraft, likely to support the future establishment of standards for AAM operations. Part Ⅲ discusses the legal implications of allowing low-altitude economy operations in domestic contexts and the potential role of ICAO. Part Ⅳ then identifies possible gaps in current international air law given the evolution of air transport, which may shape ICAO’s role in promoting, coordinating, and integrating the low-altitude economy into international airspace. The article concludes by summarising the answers to the research question. Selected references: Abeyratne, Ruwantissa, Remotely Piloted Aircraft Systems: Some Unexplored Issues, Air & Space Law, vol. 41, issue 3, pp. 289-303. Huang, Jiefang, Aviation Safety through the Rule of Law: ICAO’s Mechanisms and Practices, Alphen aan den Rijn: Kluwer Law International B.V., 2009. ICAO, Manual on Remotely Piloted Aircraft Systems (RPAS), Doc 10019, 2015. ICAO, Remotely Piloted Aircraft System (RPAS) Concept of Operations for International IFR Operations, 2017. Scott, Benjamyn I., The Law of Unmanned Aircraft Systems (2nd ed.), Alphen aan den Rijn: Kluwer Law International B.V., 2022. Shi, Yuran, Aviation Safety for Urban Air Mobility: Pilot Licensing and Fatigue Management, Journal of Intelligent & Robotic Systems, vol.110, no.35, pp. 1-10.
Biography
Yuran Shi is currently a post-doc researcher in international law, at School of Law, Wuhan University. His work focuses on international law, air and space law, as well as international labour law. He holds a Ph.D. in international air law and an Adv. LL.M. from Leiden University, as well as a LLM degree in Civil Law and a LLB degree from the China University of Political Science and Law (CUPL), China.
