Author
Assoc Prof Dan Yu
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Space Law and the Low-Altitude Economy
Title
Low altitude airspace: a new space in the air law?
Abstract
The integration of unmanned aerial vehicles (UAVs) and advanced air mobility (AAM) technologies necessitates a reevaluation of aviation law, particularly regarding low-altitude airspace. This article aims to investigate the emergence and evolution of low-altitude airspace within the realm of aviation law, examining the implications of this development for both theoretical and practical aspects of the field. By introducing the spatial production theory of French philosopher Henri Lefebvre, this article develops an interdisciplinary analytical framework to examine the role of recognizing of low-altitude airspace within aviation law. It concludes that the categorizing of airspace serves as one of the hallmarks of modernizing aviation law, and the establishment of low-altitude airspace serving as the optimal approach to incorporating UAV, AAM into the air space. This article is divided into three sections. The first section provides a comparative analysis of the legislative practices related to UAVs and low-altitude air traffic, revealing the legal trend of re-categorizing airspace. Specifically, the U-space regulation of the EU and the low-altitude air traffic policies and laws of China will be examined to reveal the choices made in response to the challenges of new technologies. The second section, based on the theory of spatial production, demonstrates the significance of airspace categorization for aviation law. It explores how the categorization of airspace can contribute to the integration of new technologies and the modernization of aviation law. Based on the theory of spatial production, the second section demonstrates the significance of airspace categorization for aviation law. The third section takes the rule-making process of integrating UAVs into the national airspace as an example to explore the path for integrating new spatial concepts into aviation law. It discusses the challenges and opportunities presented by the integration of UAVs and AAM technologies into the existing legal framework and provides recommendations for the legislation. The contribution of this research lies in the application of spatial production theory to the study of aviation law, providing a unique theoretical perspective for understanding the significance and composition of low-altitude traffic or UAVs legislation. The introduction of the concept of low-altitude airspace and related legal rules has practical implications for enriching the aviation law and promoting the development of UAV, AAM technologies.
Biography
Dr. Dan Yu is an Associate Professor of International Law and the Director of the Center of Air Law Research (2014-present) at East China University of Political Science and Law (ECUPL). She is a council member of the Air Law Association of the China Law Society. Additionally, she serves as an arbitrator for the Shanghai International Economic and Trade Arbitration Center (SHIAC) and the Shanghai Arbitration Commission. Her research interests include air law and international commercial law. From November 2017 to October 2018, she was a visiting scholar at the Faculty of Law at McGill University. In November and December 2010, she was a visiting scholar at UNIDROIT.
