Document Type : Article
Authors
1 Assistant Professor of Private Law Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 PhD Student in International Trade and Investment Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
The bill on regulating civilian remotely piloted aircraft (drones) was approved by the [Iranian] Cabinet on 22/09/1402 and subsequently sent to the Islamic Consultative Assembly in February of the same year to complete the legislative process. This article analyzes the structure and content of the bill, demonstrating that although the bill may successfully address its two primary objectives—reducing threats and filling legal gaps—it will struggle to create conditions for its other two goals: the growth and development of drones and better exploitation of opportunities related to them. This difficulty arises because, on one hand, the prevailing mindset behind the bill has distanced itself from the needs of the aviation industry and its legal requirements, and on the other hand, the bill overlooks the position, role, and authority of [Iran’s] Civil Aviation Organization. This oversight could further diminish the status, role, and authority of this organization in regulating drone operations and flights, which itself indicates another of the bill's weaknesses.
Keywords
Main Subjects
English
- A) Books
- Masutti, A., & Mendes De Leon, P. (2023). Elgar Concise Encyclopedia of Aviation Law. Cheltenham, UK. Northampton, MA, USA: Edward Elgar Publishing.
- B) Laws
- National Defense Authorization Act for Fiscal Year 2018 (United States of America).
References in Persian:
- A) Books
- Eshraghi Arani, M. (2015). The Civil Aviation Act in the Current Legal Order. First Edition. Tehran: Mokhatab Publishing. (in Persian)
- Sadeghi, M. (2023). Baz Dar Parvaz: 7 Short Discourses on Aviation Law. First Edition. Tehran: Andisheye Asr Publishing. (in Persian)
- B) Articles
- Adel, M., & Eshraghi Arani, M. (2014). Sources of Aviation Insurance Law. Legal Research Quarterly. 67 (17), 215-234. (in Persian)
- Kazemi, H., & Samaneh, E. (2020). Challenges and Opportunities of Drone Development in Iran. Journal of Technology in Aerospace Engineering. 2 (13), 45-64. https://dor.isc.ac/dor/20.1001.1.26764253.1399.4.2.5.5. (in Persian)
- Mahmoudi, S. H., & Ghalandari, M. (2023). Regulating Civil Unmanned Aerial Vehicles in the Framework of International law; in the Circulation Between National and International Jurisdiction. Legal Research Quarterly. 25 (Special Issue of Law & Technology), 335-362. https://10.52547/jlr.2022.228956.2340. (in Persian)
- Maldar, A., & Pirasteh, M. (2021). An Analytical Look at the Discourse of Emerging Threats to Defense Power Khatam al-Anbia Air Defense Base (PBUH) of the Army of the Islamic Republic of Iran. Warfare Study Quarterly. 3 (10), 5-34. (in Persian)
- Mokarrami Ghartavol, Y., & Ranjbarian, A. H. (2017). Violation of States’ Airspace by U.S. Drones (Case Study: Pakistan). Public Law Studies Quarterly. 47 (2), 303-328. https://doi.org/10.22059/jplsq.2017.63100. (in Persian)
- Sadeghi Neshat, Amir and Sadeghi, Milad (2019). A Criticism on the Civil Aviation Law and the Necessity of Enactment for a New Law on Aviation Affairs. Private Law Studies Quarterly. 49 (2), 329-348. https://doi.org/10.22059/jlq.2019.221024.1006830. (in Persian)
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