THE PRINCIPLE OF AD COELOM IN RESPECT TO THE LOW-ALTITUDE AIRSPACE FOR THE COMMERCIAL UNMANNED AERIAL VEHICLES (UAVs) IN MALAYSIA

Abstract

The development and innovation of unmanned aerial vehicles (UAVs) or drones especially in the commercial arena are predicted to give a positive impact on socio-economic growth in Malaysia. Malaysia has been chosen in this discussion to evaluate the development of UAV laws and initiatives by Malaysia's Civil Aviation Authority to uphold commercial UAVs in line with the International Civil Aviation Organization's (ICAO) mission to provide the fundamental international regulatory framework through Standards and Recommended Practices (SARPS) in addressing UAVs. Nevertheless, the existing laws in Malaysia regarding the right of way and right to use low-altitude airspace did not offer much for commercial UAVs due to the ad coelom principle. The right to use airspace for commercial UAVs shall be the first and major concern in moulding the UAV laws. This article is aimed to analyse and evaluate the relationship of the ad coelom principle with the laws available in Malaysia which might honour the right to low-altitude airspace for commercial UAVs. This article adopts doctrinal research by referring to the available laws and regulations in Malaysia to see the integration of the ad coelom principle with the right of way and right to low-altitude airspace for commercial UAVs. The concept of ‘avigation easement’, ‘drone corridor’, and ‘drone-port’ could be the best solutions in determining the right of ways for commercial UAVs to reflect the ad coelom principle. Therefore, the Civil Aviation Authority of Malaysia (CAAM), the Federal government, all States, municipal councils, and private individuals shall be ready to draw zoning of airspace horizontally or vertically without neglecting public rights and breaching other laws. This is to realize the CAAM mission for the integration of Air Traffic Control (ATC) in controlling the navigable airspace of manned aircraft which is to be extended to the UAVs by the year 2035.