consideration of the international aspects of aerial navigation has been given from time to time by the nations since the time of the first Hague Conference, 1899. The discussions at the Hague Conferences of 1899 and 1907 dealt with the question from the standpoint of military law. Its decisions are quoted under the heading "Military Aerial Laws." The discussion of civil international aerial laws and rules and regulations for international aerial navigation and air traffic has advanced during the past twenty years, mainly under the auspices of the Federation Aeronautique Internationale (the International Aeronautic Federation), the Institute of International Law, and the International Law Association. How the International Aeronautic Federation Rules Airmen The first organization, which represents the national aero clubs of 38 nations, was organized in 1905, and having had jurisdiction over all aerial sporting events and competitions throughout these years, and the Courts having upheld its decisions, and Governments having recognized its regulations, it has been in a posi America, which rep by the Aero Clubs To the Federati with it, goes the and enforced intern Pioneer Autho A Close study of t Air Navigation" ag cal commission of ing with aerial navi fluence of the writi lowing authorities: Fauchille; Professo nefoy; Henry Co Bonaparte; Colone fith Brewer; Frank Vaulx: Fernand J ted. Aerial Laws of the Internaand especially Club of France, 9 took steps to nce in Paris, to s of aerial naviinging about an les and regularial navigation. as held in Paris -10. the drafting of n international pproved at the mmission Intere appointed by Federation and 18th and June stitute of Interprinciples were ished as public or "Article 3.-International aerial circulation is free, subject to the right of States to take certain steps, which shall be fixed, to insure their security and that of the persons and property of their inhabi tants. "Article 4.-Aerial war is allowed, but only on the condition that it does not present for the persons or property of the pacific population greater dangers than land or sea war." The Committee on Aeronautics of the International Law Association, at the Conference held at Madrid, 1913, adopted the following principles: "It appears to the Committee impossible to contend that according to existing international law the air space is free; nor do they think that States would be. willing to accept or to act on that view of the law. But they are of the opinion that subject to such safeguards as subjacent States may think it right to impose, aerial navigation should be permitted as a matter of comity. "There is no reason to anticipate that States will interfere with the passage of foreign airships through the air above their territories in an unreasonable manner, any more than they have interfered with the passage of foreign vehicles through their territories or of foreign vessels through their territorial waters. Indeed any action of this character must be prevented by consideration of reciprocal interest. "The Committee therefore submit the following resolutions: ed French Aircraft to Germany (1913) An important step forward was taken in 1913, when the following agreement was adopted to govern the admission of German aircraft in France and French aircraft in Germany: "(For the sake of clearness the case of German aircraft entering France is alone mentioned in the following Precis, but the corresponding case of French aircraft entering Germany is subject to identical rules.) "German military aircraft, or other German aircraft carrying officers or soldiers in uniform, may only circulate over French territory or land there upon the invitation of the French Government. "In cases of necessity, however, a German aircraft may be allowed entry, but to prevent cases of this kind arising, the German Government will give the necessary instructions to its airmen. "In such cases the aircraft must make the signal of distress and land as soon as possible. The pilot must then notify the nearest French authority, stating his name and domicile, and that authority will take steps for the protection of the aircraft and its contents. The local authority will notify the nearest military authority. "The military authority will inquire into the alleged case of necessity, to determine whether the entry was justified or not. "If the justification is established by this inquiry the military authority will obtain from the German officer in charge of the aircraft his word of honor, that neither he nor any member of his crew has committed II it is not estabi above, that the entry judicial authorities Government will be ad "The French and one another advised of marks of their respec "As regards the en craft not belonging carrying officers in ur in the prohibited zone to the following cond "1. The aircraft n from the proper Ger the distinctive marks r "2. The pilot must from the proper auth "3. He must also tionality and his stati bers of the crew. "4. He must have a the diplomatic or con in Germany. "Aircraft thus adm quirements of Interna lations and of the aer France. "Aircraft not fulfill admitted in cases of n land as soon as possi authority. "Whenever a Germa local authorities will ta the protection of the a "The two Governm a quick agreement on the international aerial The "Air Clauses" of the Peace Treaty are All the "Air Clauses" of the Peace Treaty will be found in the chapter entitled "Military Aerial Laws." For historic and reference purposes we include herewith copy of the letter from Premier Clemenceau to President Wilson urging the creation of an Interallied Aeronautic Committee to advise the Peace Conference and deal with aeronautic matters after the war. The letter follows: "February 16, 1919. "The President of the Council, and the President of "To the President of the Republic of the United States, Mr. President: "I have the honor to acknowledge the receipt of your answer of February 7th to my letter of January Orlando, as well as m "I am pleased to with my proposition tee for after the war on the necessity of delay, in order to be organ of the Peace for aerial protection importance equal to protection, and it is a study made by com ures to take against German military ae strongly upon the in on account of the pr Brussels, Paris and I "Likewise I adhere tion, which seems to request you likewise seems acceptable to y if you could delegate meeting of the new I take place on Thursd the Directory of Aer main. "Please accept, Mi highest consideration Major General the U. S. Air Serv Forces, and Rear U. S. Navy, were the committee. 13 |