THE H.B. TRIBUNE. FRIDAY, MARCH 21, 1919. INTERNATIONAL AIR LAWS.

Hawke's Bay Tribune, Volume IX, Issue 82, 21 March 1919, Page 4

THE H.B. TRIBUNE. FRIDAY, MARCH 21, 1919. INTERNATIONAL AIR LAWS.

If there is one tiling which the war has done more decisively than any other, t has been to demonstrate the practical conquest of the air as a medium of transport between far-severed portions of the earth. The rapid developments due to the sharpening of wits, and the fortifying of courage, to say nothing of the backing of unlimited capital, under the urgency of battle have, in four years, carried aerial navigation to a point to which, under peace conditions, it would possibly not have reached in as many decades. On all sides the nations have recognised its commercial possibilities, and the need for speedily exploiting them in order to keep abreast in the march of progress. The prospect of a common use of the air-ship and aeroplane for long-distance voyages has necessarily prompted the formulation of international rules defining neutral rights and restrictions in the use of the atmospheric ocean that completely envelopes the eafth —without physical demarcations of any kind. These rules have been under consideration by a speial committee erected by the Allied Pace Conferenc, and, according to one of yesterday’s cables, this committee has accepted British proposals as a basis for the international air code. It is probable that these proposals are pretty accurately embodied in a paper recently read by Dr. H. D y Hazeltine (formerly of Harvard, U.S.A.), Reader in English Law at Cambridge University, who sets out by saying that “the juridical basis upon which the world’s aerial laws will rest is tho doctrine of the State’s sovereignty in all its air spaces.” State sovereignty over territory and sea —the latter now restricted to the three-mile limit from land —involved sovereignty over the zone of air-space immediately above them; and States have always viewed themselves as sovereign in the entire air-space above their territories and territorial waters “as far as the sky.” This principle of aerial sovereignty has been vigorously defended during the war both by beligerents and by neutrals. Consequently the world’s air-spaces may be divided into two classes—first, those above the high seas, which are as free and open to all nations us the seas over which they hang, and, second, those above territorial lauds and water of sovereign States, which are to-day closed to foreign aircraft.

In framing the fundamental principles to be embodied in an international convention, Dr. Hazeltine forecasts that existing maritime laws will be invoked as a useful guide. Thus, on the anology of the distinction between public and private ships, it will probably have been found desirable to draw a sharp line of separation as between public and private aircraft, public aircraft including those engaged in State service for military, police or other public purposes and commanded bycommissioned officials. Aircraft, too, will, like ships, be invested with nationality, giving the right to fly the national flag and invoke its diplomatic protection. On this point there will be no difficulty about public aireralt, but with regard to those of private ownership two difierent standards of deciding have been suggested. One is that the nationality of the craft should be that of the owner; the other that it should follow that of the domicile of the owner. It appears that this is not the first time that international aerial laws hare been diseu.-.-ed. for ur are told that a convention dratted by the Paris Conference in 19110 made “registration” depend entirely- upon the nationality of the craft. But nationality and registration may be quite distinct from one another, the latter being designer! mainly to secure public safety and indeiitification of responsibility fur damage. The international conveuPon will, in this interest too, go further, and no doubt insist upon the issue, upon some common basis of competence, of certificates of navigability for the craft, and of licences for pilots and mechanics. Furthermore, it will require to define the nature of the right of foreign aircraft in 'territorial air-space, and the regulations to be followed concerning landings and customs duties. In drawing up rules lor the regulation oi international flight within territorial air-spaces, one of the most difficult problems w ill have been to determine the nature and limits of the right to be accorded to foreign aircraft. In this respect it has been thought that tiie analogy of the general right of innocent passage through territorial waters may be an unsafe one to follow, and that, at the present stage of aeronautical development, it will be wiser to accord a more restricted right—possibly a license to fly, revocable tor serious cause, such, for instance, as intentional entry into prohibited zones. This method, while quite sufficient for the encouragement of in ternationai flights, would at the same time protect tho interests of each sovereign State. The right to fly would, of course, include the right to land at specified places. As to the high seas, outside territorial boundaries, and the vast unbroken air-space over them, these sea.are iSfien to the tree navigation of all nations—thanks largely to the British Navy. Still there has been established a certain legal order upon them which prevents them Iron) becoming entirely lawless regions. In a similar way the super-imposed air-spaces will doubtless lie subjected to some like rule. Thus aircraft possessing a Slate’s nationalitywill, while flying over the high seas, be subject to the laws of that State. Then again, aerial piracy will not. be deemed au impossible development, and provision will doubtless be made for its punishment with the same severity a.if committed on the seas themselves. Dr. Hazeltine makes special reference to the work of the British Civil Aerial Transport Committee. which has studied the problem of aerial legislation, both domestic and international, with great care, and which has emphasized the maintenance of the doctrine of aerial sovereignty as being essential to the welfare and defence of the United Kingdom, and of the Empire. He also surmises, as is now shown to be the actual case, that the international convention will probably proceed on the lines proposed by this committee, as will likewise the British Aerial Navigation Bill, which the cables tell us is now before Parliament.