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465The phrase “regional air navigation agreements” refers to the agreements approved by the Council of ICAO normally on the advice of Regional Air Navigation Meetings. The Council, when approving the Foreword to this Annex, indicated that a Contracting State accepting the responsi-bility for providing air traf.c services over the high seas or in airspace of undetermined sover-eignty may apply the Standards and Recommended Practices in a manner consistent with that adopted for airspace under its jurisdiction.
466The authority responsible for establishing and providing the services may be a State or a suitable Agency.
467
Standard 2.1.3.
IV. UAVs as State Aircraft
One of the legal issues that has to be considered is that UAVs are usually State aircraft and as such might not come within the purview of the Chicago Convention in the context of regulation through an Annex to the Convention unless such an Annex were to address issues affecting civil aircraft. Article 3 (a) of the Chicago Convention provides that the Convention will be applicable only to civil aircraft and not to state aircraft. It is an inclusionary provision which identi.es military, customs and police service aircraft as being included in an undisclosed list of state aircraft.The Conventioncontradicts itselfin Article3(c), whereitsaysthatnostate aircraft of a contracting State shall .y over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof. The question arises as to how an international treaty, which on the one hand prescribes that it applies only to civil aircraft, turns around and prescribes a rule for state aircraft. Article 3 (c) effectively precludes relief .ights over the territory of a State by state aircraft if the State .own over or landed upon does not give authorization for the aircraft to do so.
The distinction between civil and state aircraft is unclear as the Chicago Convention does not go to any length in de.ning or specifying as to how the twocategorieshavetobedistinguished.The ICAOAssembly,at its 14th Session held in Rome from 21 August to 15 September 1962, adopted Resolution A14-25 (Coordination of Civil and Military Air Traf.c) which was on the subject addressed in Article 3(d) – that the Contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard to the safety of navigation of civil aircraft. In A14-25, the Assembly directed the Council to developguidance materialforthejoint civil andmilitary useof airspace,taking into accountthevarious policies, practicesandmeansalreadyemployedbyStates to promotethe satisfactory coordination or integrationof their civilandmilitary air traf.c services.
At its 21st Session of the Assembly, Held in Montreal from 21 September to 15 October 1974, ICAO saw the adoption of Resolution A21-21 (Consolidated State-ment of Continuing Policies and Associated Practices Related Speci.cally to Air Navigation) where, at Appendix O, on the subject of coordination of civil and military air traf.c, the Assembly resolved that the common use by civil and military aviation of airspace and of certain facilities and services shall be arranged so as to ensure safety, regularity and ef.ciency of international civil air traf.c, and that States would ensure that procedures and regulations pertaining to their state aircraft will not adversely affect or compromise the regularity and ef.ciency of interna-tional civil air traf.c. In order to effectively implement the proposals of the Resolution, Contracting States were requested to initiate and improve the coordi-nation between their civil and military air traf.c services and the ICAO Council was required to ensure that the matter of civil and military coordination in the use of airspace is included, when appropriate, in the agenda of divisional and regional meetings.
F. Unmanned Aerial Vehicles
At its 35th Session, held in Montreal in September/October 2004, the ICAO Assembly adopted Resolution A 35-14468 (Consolidated statement of continuing ICAO policies and associated practices related speci.cally to air navigation) which, in Appendix P (Coordination of civil and military traf.c) recognized that the airspace as well as many facilities and services should be used in common by both civil and military aviation. The resolution also went on to note that full integration of the control of civil and military air traf.c may be regarded as the ultimate goal, and that coordination between States in achieving this goal shouldbe the ultimate aim in resolving current dif.culties. The Assembly resolved that the common use by civil and military aviation of airspace and of certain facilities and services shall be arranged so as to ensure the safety, regularity and ef.ciency of international air traf.c and that regulations and procedures established by contract-ing States to govern the operation of their State aircraft over the high seas shall ensure that such operations do not compromise the safety, regularity and ef.ciency of international civil air traf.c. The Resolution concludes that, to the extent practicable, these operations should comply with provisions of Annex 2 to the Chicago Convention on Rules of the Air.469
　
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