The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

CHAPTER XVI 1
THE LAW OF THE AËRIAL SPACE IN TIME OF PEACE

217. Criticism of the Principles Formulated by the Institute of International Law. -- The inventions of wireless or radiotelegraphy and radiotelephony, but more especially improvements in the aeroplane and dirigible airships, have greatly extended the possibilities of international aërial communication and navigation, and have thus rendered necessary a discussion of the law of the so-called aërial domain in works on International Law.

During its session at Ghent in 1906, the Institute of International Law adopted the following principles: "The air is free. States have over it, in time of peace and in time of war, only the rights necessary for their selfpreservation."2

These principles, which were based upon the views of Fauchille3 and accepted by a vote of 14 against 9, have

____________________
1
For the Law of Aërial Warfare, see infra, ch. 30.
2
Article I of the Regulations adopted by the Institute for Aërostats and Wireless Telegraphy. Scott, Resolutions of the Institute of Int. Law ( 1916), 164. Cf. Art. 3 of the Rules adopted at Madrid in 1911 which states that "international aërial circulation is free," saving the rights of the subjacent States to take certain measures to insure security. The Madrid Rules also declared that every aircraft must have but one nationality -- that of the country in which it has been registered. Otherwise they have little importance. Scott, op. cit., 171.

The following is the text of the remaining articles adopted at Ghent in so far as they relate to the Law of Peace:

2. -- In default of special arrangements, the rules applicable to ordinary telegraphic correspondence are applicable to communication by wireless telegraphy.
3. -- Each State has the power (faculté) to the degree necessary for its security, to oppose, above its territory and its territorial waters, and to as great a height as it may find useful, the passage of Hertzian waves, whether these be emitted by apparatus belonging to the State or by private apparatus placed upon the earth, on board a vessel, or in a balloon.
4. -- In case of prohibition of correspondence by wireless telegraphy, the government must at once notify the other governments of the prohibition which it decrees.
3
For the extremely interesting and suggestive views of M. Fauchille, the late brilliant and versatile editor of the Revue générale de droit int. public,

-339-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Essentials of International Public Law and Organization
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 784

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.