The Remotely Piloted Aircraft (R.P.A.) was being piloted by a remote pilot. It was engaged in a non-scheduled cargo flight. Under the Chicago Convention, non-scheduled aircrafts are outside the special authorization regime. 1.1 Article 5 outlines the rights of non-scheduled aircraft. The Principle of Effectiveness should guide the interpretation of Article 5. 1.2 Literal interpretation should be employed to understand the true meaning of the provisions. 1.3
1.1. NON-SCHEDULED AIRCRAFTS ARE OUTSIDE THE SPECIAL AUTHORIZATION REGIME.
The aircraft in question was not engaged in scheduled international air service. Under Article 5 of the Chicago Convention, aircrafts not engaged in scheduled international flights shall have the right to make flight into or transit non-stop across the territory of Contracting States and to make stops for non-traffic purposes without the necessity of obtaining prior permission. The Chicago Convention refers to non-scheduled flights as the flights of all aircrafts “not engaged in scheduled international air services”.1
The flexibility offered by Article 5 of the Chicago Convention, that non- scheduled flights do not have to obtain landing or take off permission from the grantor State to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes, augurs well for the Convention?s theme of facilitating air transport to accord with the needs of the people of the