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 Non-Military Remotely Piloted Aircraft (Pahpad) has been enacted on December 13, 2023, by the Board of Ministries and consequently, on February 3, 2024, has been sent to the Islamic Consultative Assembly (Majlis) for ratification. However, in this article, the analysis of the Bill demonstrates that although the Bill may move in line with its two demands and aims; namely mitigating the threats and filling the legal gaps, but hardly could provide the requirements for two other demands and aims of the Bill which are the growth and development in use of these vehicles, and more exploitation of the opportunities thereof. This is at least for two reasons: on one side, the Bill has been getting away from the necessities of the aviation industry and its legal requirements, and on the other side, the Bill has neglected the position, role and power of the Civil Aviation Authority of Iran. A substantial neglect that would culminate in more diminishing the position, role and power of this Authority in regulating the affairs of remotely piloted aircraft activities and other related aviation subjects. Surely this could be another reason for the weakness of the Bill.

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Main Subjects

  1. English

    1. A) Books
    2. Masutti, A., & Mendes De Leon, P. (2023). Elgar Concise Encyclopedia of Aviation Law. Cheltenham, UK. Northampton, MA, USA: Edward Elgar Publishing.

     

    1. B) Laws
    2. National Defense Authorization Act for Fiscal Year 2018 (United States of America).

     

    References in Persian:

    1. A) Books
    2. Eshraghi Arani, M. (2015). The Civil Aviation Act in the Current Legal Order. First Edition. Tehran: Mokhatab Publishing. (in Persian)
    3. Sadeghi, M. (2023). Baz Dar Parvaz: 7 Short Discourses on Aviation Law. First Edition. Tehran: Andisheye Asr Publishing. (in Persian)

     

    1. B) Articles
    2. Adel, M., & Eshraghi Arani, M. (2014). Sources of Aviation Insurance Law. Legal Research Quarterly. 67 (17), 215-234. (in Persian)
    3. 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)
    4. 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)
    5. 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)
    6. 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)
    7. 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)