Any one who doubts the future of aviation should realize the
helplessness of the science after the armistice because of the
complete lack of international laws to make possible its application
in Europe, where it was most highly developed. With men and machines
ready, they had to hold to the ground largely because there was in
force no treaties assuring them the right to cross frontiers. The
broad plans for international routes were held up because aviation
itself was so big in its expanse that it could not meet its just
fulfilment within national lines.
As a result a new law must be written. The law of the air will be one
of the most intricate and the most fascinating in the world. It
presents problems never before presented and covers a scope paralleled
only by the laws of the sea. Very fortunately, however, aerial
international law may be written at the very start of the science by a
common international standard and practice, thus obviating the
greatest part of the divergences which long years of habit have
grafted into the maritime laws of the various nations. The slate is
clean so that uniformity may be assured in a law which is soon to come
into the most vital touch with the daily lives of the nations.
Who, for instance, owns the air above the various nations? Obviously
the individual landowner has rights, especially as to freedom from
damage. The nation also has rights, especially for its protection and
for police work. How high, however, does this jurisdiction go? Some
assert that a maximum altitude should be set, say five thousand feet,
above which the air would be as free as the seas; others that each
nation must have unqualified control to the limit of the ether.
Then comes the question of passports, customs, registration, safety
precautions, and damages. As already shown, the man on the ground is
helpless against the airplane which chooses to defy him. People and
goods can cross national lines by the air without passports or
customs. There will be no main ports of entry as in sea or train
commerce, and it is too much to think that any nation can patrol its
whole aerial frontier in all its various air strata. Undesirable
immigrants or small precious freight can be smuggled in with the
greatest ease through the route of the air.
Obviously the most elaborate international rules are necessary. Planes
must have some method of international registration and license, just
as in a more limited sense ships on the seas have what amounts to an
international status. Landing-fields must be established and open to
foreign planes, each nation providing some kind of reciprocal landing
rights to other nations. Arrangements must be made so that if a
monkey-wrench drops out of a plane a mile or two up in the air proper
damages can be collected. For such things there is to-day but little
precedent in law.
Public-domain text, read in full here on John Shaqi.
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