By Dr. J. F. Lycklama à Nijeholt (auth.)
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298; Ullmann, Völkerrecht 1908, p. 324; Hall, 1. , p. 116; PradierFodere, Traite de droit intern. pub!. II. p. 413. 47 restrietions. Not: the ground-state possesses some conventional rights, but: the state has a right to be sovereign to an unlimited height and, if necessary, conventions will bring such exceptions upon the right of sovereignty as the state itself allows to be made. B. The Ground-state's Interest at Recognition of its Airsovereignty; Objections against such Sovereignty. Arguing that the states, when demanding recognition oftheir air-sovereignty have the rigbt on their side, we looked at the subject under discussion from one side only.
Belgium. Loi qui ouvre un eredit au departement des travaux publies pour pourvoir al'aehevement des lignes telegraphiques. 14 avr. 1852. Mon. du 20 avr. 1852. art. 4. Loi du 23 mai 1876 autorisant des eoneessions de telegraphie loeale. Mon. du 28 mai 1876. art. 5. Loi eoneernant l'etablissement et l'exploitation de reseaux telephoniques, 11 juin 1883. Mon. du 12 juin 1883. art.. 4. Sueh diseussions of these laws as we have been abie to consult (Holland, France, Germany, Belgium) showed us clearly that the makers considered the stretching ofwires over another's property unlawful unless legally admitted.
To prohibit a11 aerial navigation is, of course, beyond the meaning of the treaty, and so is eertainly the interdiction to have military airships, for this would imply a new restriction, as it would depri ve the land forces of the chance of being assisted by airships. The interdiction ofhaving a naval airflag will be impracticable in the not improbable case that airflag above land and airflag above sea are proclaimed to be one and the same. For in that ease, to have an airflag above land will imply the possession of the airflag above sea.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)