Download Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.) PDF

By Dr. J. F. Lycklama à Nijeholt (auth.)

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Enumerating the objections against the ground-state's sovereignty over the airspace is soon done, since the only interest that is said to be endangered by our theory is international airtraffic. Being sovereign, the state can make laws and rules impeding or even forbidding aerial navigation. Fearing such rules and hoping to escape them, quite a number of alIthors conclude that air-sovereignty has not to be recognised at allt-or but in a limited way. We are of opinion that most people are inclined to take the part of the aeronauts rather too much.

Objections against a horizontal limit. As we have said before, sovereignty over a piece ofland is worth 29 nothing without a like amount of authority above the soll; not only authority over everything that is built or planted on the soil, but also over everything between these buildings, wh ether touching the ground or not touching it. No state, indeed, islikelyto consider an aeroplane, soaring just above the soil along buildings that reach to the sky, to be moving outside its sphere of sovereignty.

D'Arras 1828. Gaz. Trib. 30 oct. 1828 1). Cour de Paris 15 avr. 1864. Dalloz 1880. 3. 103. Trib. corr. de Corbeil. 10 dec. 1880 2). Trib. civ. de Tours. 19 janv. 1887. Dalloz 1900. 2. 361. Cour d'appel d'Amiens. 19 fevr. 1896. Dalloz 1896. 2. 464. Trib. de paix de Lilie 15 nov. 1899. Dalloz 1900. 3. 361. Cour d'appel de Lyon 9 avr. 1903. Dalloz 1906. 2. 178. Belgium. Cassation Bruxelles 15 mai 1876. La Belg. judo 1876. p. 602. Switzerland. Urteilsantr. der bundesgerichtl. Commission 3). England and U.

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