So far, when he tours the air, a pilot has few restrictions. He must not
fly above certain areas, it is true, but in the main the sky is free to
him, and as yet he need not register or number the craft he buys, like
the owner of a motor vehicle has to do. The fact is, however, that laws
for the air have been studied, and in some cases a schedule prepared;
but no definite scheme of rules has, up to the present, been placed upon
the Statute books. The intention is, indeed, to allow the science to
develop with as few limitations as may be possible. There are so many
problems to be solved in regard to the governing of flight, that they
can only be dealt with as they arise. The air, as an element in which
men may navigate a craft, has aspects which are unique. Oceans and
continents, for example, all have their limitations: the land ends and
the sea begins, and then the sea in its turn gives place again to land.
The traveller from London, say, to Paris, first passing from inland to
the sea, has to leave the train and embark upon a boat, only to change
again into a train and finish his journey--as he began--by way of the
land. But an aerial voyager between the two cities finds no restrictions
such as these: the air has only one boundary--the point at which it
touches the surface of the earth; and so he may rise from London, and
fly with equal facility above land or sea.
Although the air has no limitations, such as are encountered by land or
sea, there has been discussion between nations as to the rules they
should impose to control the flight of craft. It has been agreed,
without question, that the air-space over the high seas should be
regarded as free, and also above territory that is unoccupied. The idea
of an aerial law which is thought most reasonable, indeed, is that the
sky over the whole globe should be declared free for traffic, but that
each nation should be allowed to enforce rules to prevent attack or
spying from above, and to check aerial smuggling. But that flying over a
frontier might be controlled by a corps of aerial police is considered
hardly feasible: it would be almost impossible indeed--had he made up
his mind to do so--to prevent an airman from crossing above some
boundary. Even were there patrol craft on duty, he could rise high among
the clouds and so escape detection.
Public-domain text, read in full here on John Shaqi.
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