The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview
____________________
means of improved apparatus not yet provided for by existing conventions," in case any such "should be arrested off Kwan-tung or within the zone of operations of the Russian fleet." This declaration, which was communicated to the Powers by the Russian Government, was provoked by the presence in the Gulf of Pe-chi-li and adjacent waters near Port Arthur of Mr. Fraser, a London Times war correspondent on board the Chinese dispatch boat Haimun equipped with wireless telegraphy apparatus. His dispatches were sent to a neutral station at the British port of Wei-hai-wei, whence they were transmitted to London.

On the case of the Haimun, see especially: Fraser, A Modern Campaign ( 1905); Hershey, Russo-Japanese War, 115 ff.; Lawrence, War and Neutrality ( 2d ed.), 83 ff.; 1 Rey, Russo-Japanese War, 368 ff.; Int. Law Situations ( 1907), 159 ff.

The Hague Regulations (Arts. 13 and 29) include "newspaper correspondents and reporters" among the army followers entitled to treatment of prisoners of war; and expressly exclude "individuals in balloons to deliver dispatches, etc." from the category of spies. See supra, pp. 582 and 603.

they should be dealt with in accordance with the provisions of The Hague and Geneva Conventions.13


BIBLIOGRAPHY

Aërial Warfare or The Law of Aërial Space in Time of War (with special reference to Balloons, Aëroplanes, and Wireless Telegraphy). --* Baker and McKernan, Laws of Warfare ( 1919), 580-609; Bellenger , La guerre aërienne ( 1912); Boiden, in 16 R. D. I. P. ( 1909), 261 ff.; Bonfils, liv. IV, No. 14404-21; Catellani, Le droit aërien ( 1912), chs. 20-23; Colby, in 19 A. J. ( 1925), 702-15, and in 10 Minn. Law Rev. ( 1926), 123 ff. and 207 ff.; Ellis, in 8 A. J. ( 1914), 256-73; * 2 Fauchille, liv. IV, Nos. 14405-50, 147612-23, in 24 R. D. I. P. ( 1917), 56-74, in 19 Annuaire, 19 ff., in 21 Annuaire, 76 ff., and 24 Annuaire, 23 ff.; Fenwick, ch. 34; * 1 Garner, ch. 19, in 18 A. J. ( 1924), 56-81, in 30 R. D. I. P. ( 1923), 372 ff., and Recent Developments in Int. Law ( 1925), Lect. 4, pp. 164 ff.; Hall, § 183 a; Hearn, Airships in Peace and War ( 2d ed., 1910); 2 Hyde, § 663; Kausen, Die Radiotelegraphie, etc. ( 1910), 75 ff.; Kebedgy, in 36 R. D. I. ( 1904), 445 ff.; Kuhn, in Procs. Am. Soc. I. L. ( 1921, 77-80; Lanchester, Aircraft in Warfare ( 1916), §§ 100 ff.; 3 Mérignhac, Trait, 299-349, and Les lois de la guerre sur terre ( 1903), 197 ff.; * Meyer, Die Luftschiffahrt in kriegsrechtlicher Bedeutung ( 1909); Manisty, in 7 Grot. Soc. ( 1922), 33 ff.;

13
See supra, chs. 28 and 29, passim.

The student interested in this subject should study the admirable Report of the Committee of Jurists which met at The Hague during Dec. to Feb., 1922-23. It is divided into two Parts: Part I consists of a code of 12 Articles or Rules for the Control of Radio in Time of War; and Pt. II, of 62 Articles or Rules of Aérial Warfare. For the text of this Report, see Supp. to 17 A. J. ( 1923), 242-60. For text and excellent commentary, see * Moore, op. cit., ch. 5. For discussion of these prepared rules, see also * Garner, in 18 A. J. ( 1924), 56-81; Hamburg, in 50 (3d ser. 4) R. D. I. ( 1923), 421-35; Rodgers, in 17 A. J. ( 1923), 629-40; and Spaight, op. cit., passim.

-663-

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