The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

The Convention established an International Commission for Air Navigation as a permanent body placed under the direction of the League of Nations.18 Its main duties are to make and receive proposals for amending the convention, to amend the technical annexes, to collect and communicate information of interest to air navigation, to give opinions on questions submitted to it, and to carry out certain specific duties imposed upon it by the convention.19


BIBLIOGRAPHY

Law of Aërial Space in Time of Peace . -- 2 Baker, Wilson and World Settlement ( 1922-23), ch. 46; * Baldwin, in 4 A. J. ( 1901), 49 ff.; Bielenberg, Die Freiheit des Luftraums ( 1911); Blachère, L'air etle droit ( 1911); Catellani, Le droit aéieu ( 1912); *1 (2Pt.) Fauchille, Nos. 5312-17, *in 8 R. D. I. P. ( 1901), 414 ff, in 17 R. D. I. P. ( 1910), 55 ff., in 19 Annuaire ( 1902), 19-86, in 21 Annuaire ( 1906), 76 ff., in 23 Annuaire ( 1910), 297 ff., in 24 Annuaire ( 1911), 23 ff., 303 ff., and in Supp. to 7 A. J. ( 1913), 148 ff.; Fenwick, ch. 17: Fleischmann, Grundgedanken eines Luftrechis ( 1910); Garner, Recent Developments in Int. Law ( 1925), 141 ff.; Grahame, White and Harper, Air Power ( 1917), 197 ff.; Grünwald, Das Luftschiff ( 1908); Hall,

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be treated as private aircraft and as such shall be subject to all the provisions of the present convention."

"No military aircraft of a contracting State shall fly over the territory of another contracting State nor land thereon without special authorization. In case of such authorization the military aircraft shall enjoy, in principle, in the absence of special stipulation the privileges which are customarily accorded to foreign ships of war." But a military aircraft which is forced, requested, or summoned to land shall have no right to these privileges. Special arrangements between the States concerned will determine in what cases police and customs aircraft may be authorized to cross the frontier. In no case shall these be entitled to the privileges referred to above.

18
This Commission was to have consisted of two representatives of the United States, France, Italy and Japan; one of Great Britain and one of each of the British Dominions and of India; and one of each of the other contracting States (Art. 34). But the United States and Japan have not joined this body.
19
Art. 34. See also Arts. 9, 14-17, 28-29. Any disagreement relating to the interpretation of the convention shall be determined by the Permanent Court of International Justice. But disagreements relating to technical matters shall be settled by a majority vote of the International Commission (Art. 37).

"In case of war, the provisions of the present Convention shall not affect the freedom of action of the contracting States either as belligerents or as neutrals" (Art. 38).

For summaries of or comments on this important Convention, see Hazeltine, in 29 I. L. A. ( 1920), 387 ff.; 1 Hyde, §§ 190-91; Kuhn, in 14 A. J. ( 1920), 369-81; Lee, in 33 Harv. Law Rev. ( 1919), 23-38; and 1 Oppenheim, §§ 197 a-c.

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