无人机系统在南极的应用、法律规制与中国因应

The use and regulation of Unmanned Aerial Systems in the Antarctic and China’s role

无人机系统在南极地区已经被用于支持科学研究、后勤保障、旅游和新闻报道等活动,并且其应用场景与地理范围呈扩大趋势。相较于有人驾驶的航空器,在南极地区使用无人机具有成本低、灵活度高等优势,但也存在安全和环境风险。以美国、新西兰、德国、波兰、西班牙、澳大利亚和英国为主的南极条约协商国依靠本国在南极的无人机实践和规制经验,推动了南极治理机制下有关无人机的规制进程。无人机系统在南极的应用和法律规制进程仍处于动态发展的阶段,我国应立足国内、国际两个层面,一方面完善管理机制、建立无人机在南极应用的适航管理体系、鼓励相关产业发展;同时也要立足于本国的实践和规制情况,积极参与乃至引领当前规制南极无人机活动的国际造法进程,提高我国在南极治理中的话语权和影响力。

Unmanned Aerial Systems(UAS) have been used in the Antarctic region to support scientific research,logistics, tourism, news reporting, and other activities. The use of UAS has been expanding and the locations where they are deployed are also increasing. For the Antarctic region, deployment of UAS is cheaper and more flexible than that of piloted aircraft, but may involve safety and environmental risks. The National Antarctic Programs of the United States, New Zealand, Germany, Poland, Spain, Australia, and the United Kingdom have had extensive experience in UAS deployment and regulation. On the basis of this field experience, the governments of these Antarctic Treaty Consultative Parties have been promoting the development of regulations under the Antarctic Treaty System to manage the use of UAS in the Antarctic. As the expansion of the use of UAS and development of international regulations continue, we recommend that China develop strategies that can take into account its domestic and international interests. Our recommendations are as follows: China should(1) improve its UAS management mechanism, establish the airworthiness of its UAS in Antarctica, and encourage the development of related industries domestically;(2) use its experience in UAS deployment and regulation and actively participate or even take the lead in the development of international regulations of UAS use in the Antarctic to promote its influence in Antarctic governance.