The Liability Regime for the Transportation of Goods by Drones: Is There a Need for a European Union Initiative?

Abstract

The use of civil Unmanned Aircraft System (UAS) is becoming more common place, and the application and development of this technology open the door for numerous opportunities, particularly from a commercial perspective. This article first provides an overview of the liability regime applicable in the European Union for the transportation of goods by UAS (otherwise known as drones), or more precisely, emphasises the lack of a liability regime adapted to unmanned aircraft operations within the Single European Sky. Second, an overview of the liability regime for the transportation of goods under the Montreal Convention of 1999 will be studied for its potential applicability to unmanned aircraft operations which will further underscore the lack of any such adaptability of that regime to unmanned aircraft operations. Finally, this article raises the question of whether the creation of a liability regime specially designed for the use of unmanned aircraft in the transportation of goods is needed – one which would take into account all of the specificities related to this advancing technology that cannot be adequately encompassed within the existing regimes governing manned aviation. Unmanned Aircraft System, Cargo, Liability, European Union