LAW IN THE AIR

Dominion, Volume 21, Issue 291, 8 September 1928, Page 24

LAW IN THE AIR

The discussion among English lawyers about the present state of law in the air is likely to receive fresh impetus from the Loewenstein tragedy. Resembling to some extent the law on the sea, it is yet unlike it (says a barrister, who writes in the Daily Mail”). For it is defined, together with law of the air, in one exhaustive code. This is the convention relating to International Air Navigation cli lifted by the Aeronautical Commission of the Peace Conference and signed by most of the Powers in September, 191.1. The commanding officer has the complete powers of a captain of a ship at sea. The log book plays the same important part in an aircraft as it does on board ship. Upon the departure aud landing ot an aircraft the authorities of the country concerned have, in all cases, the right to visit the aircraft and to verify all the documents. ' But though the authorities of the country of arrival have wide powers ot control, it does not follow that they can take notice of everything of an unusual character that may. have happened in the course of the flight. The convention lays it down as an article that:

“Legal relations between persons on board an aircraft in flight are governed by the law of the nationality of the aircraft.” ‘it clearly follows from this that the Investigation of any fatality happening on board an aircraft iu flight would be the duty of the country to which the aircraft belonged. Taking the case where A murders B in an aircraft in flight, the trial of A would take place in the country to which the aircraft belongs, quite irrespcctive of the nationality of A or B. There is this reservation—that a country has the right to try any person who murders one of its subjects iu the air over its territory, provided that in the course of the journey the aircraft lands within that country. Hie duty of arresting the guilty person and handing him over to the proper authorities would devolve on the commander of the (aircraft; and it is clear that the facts'of the tragedy would have to be entered in the log. It should be pointed out that the State flown over lias jurisdiction: (1) with regard to every breach of its laws for the public safety and its militai'v and fiscal laws; (2) in case of a breach of its regulations concerning air navigation. And, of course, it is obvious that all persons ou hoard an aircraft must conform to the laws ami regulations of the State visited.