International Law of the Air.

Progress, Volume IV, Issue 5, 1 March 1909, Page 154

International Law of the Air.

The determination of the French Government to call a congress of representatives te discuss the aerial situation, shows a general recognition of the fact that the flying machines have come to stay, and that staying is another word for developments of many kinds in many directions. "What are we going to do, when everybody is flying?" That is the question now disturbing statesmen and municipal rulers. The law of the soil is that the enjoyment thereof to the owner continues without limit — within his boundaries — far into the earth below him, and high into the air above him. The first is limited as to precious metals, the second is boundless as the "blue dome of air." But now the jibe of the French philosopher, used in another connection, sets the wits wondering. Said he: "La propriete c'est le vol." Now "vol" means flight as well as theft. What, then, becomes of property when men take to flying ? A nation is averse to permitting inspection of its fortifications from above, but if the air above ceases to be its property, having become the property of every one, spy or otherwise, who flies, how are the secrets of the forts to be kept? In like manner, the profit of the Custom houses may be infringed, and what remedy have you? True, you may compel all flying machines bound for foreign parts to carry papers and have them cleared, and you may catch the smugglers who evade the law of clearance, for the flying smugglers must land to do business. But the spy who takes photos of your defences from above, and does not intend to land on your territory, how are you to keep him off? Obviously by fixing a limit of altitude below which he may descend only under pain of being fired upon. Two things are then clear enough in the programme of this conference of the flying Powers. The representatives may agree on the "clearance" of airships, and on the altitude of all flight above certain spots. These things will be difficult, and the securing of them will involve much that is undesirable and debateable, but they are not impossible. What is impossible is to secure the inviolability of mutual aerial territory. A belligerent may practise the new reading of "La propriete c'est le vol" in the night or under cover of a mist, and thus run no risk, as he does who leaves tracks on the soil; who is, moreover, compelled to keep to the roads, and unable to force or overleap barriers. Violation of neutral territory will continue to be a breach of international law, but there will often be no evidence of the fact This will lead to interesting debates. From the Municipal and police point of view there will be much to regulate, and

there must be for the air an International Rule of the Road just as there is for the water. Already there is much complaint of damage to gardens from thrown-out ballast or unconsidered trifles dropped overboard from passing balloons; of chimney pots broken by contacts; of mischief done to roofs, towers, plantations and crops by dragging anchors; of the startling effects of falling aeroplanes. On the other hand, the spread of flying must solve the great problem of locomotion which is proving daily so terrible for all great congested cities. Instead of the battle of the "overheads" and the tunnels, in place of traffic crawling at snail's pace under the control of uplifted hands and martial figures, there will be ease and comfort below, procured by the transference of a large proportion of the traffic to the limitless atmosphere. The danger of damage from this traffic to property below will be large. But the danger to life and limb will be lessened in proportion to the proportion of life and limb carried through the air. Of course, in the limitless atmosphere there must be a Rule of the Road, otherwise the limitless atmosphere would be a limitless death trap, with flying machines travelling at the already predicted rates of speed which have gone over 100 miles an hour, with confident talk of double. What side to meet on ; what side to overtake on ; what principle for governing the plane of two machines, one of which must rise while the other descends, if they are to avoid collision; what lights to carry by night ; what signals for fogs ; what to do in fact in foggy weather. All these points offer a maze for settlement on lines of international agreement. And it is obvious that there must be distinguishing marks for identification. It is apparent, in fact, that the accompaniments of the new art are going to be important and far reaching. That they will want much thought and disinterested discussion goes without saying. For the present, the fact that this thought and discussion are being arranged for, is a strong proof of the sound progress of aviation.