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____________________
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.|