New-York tribune., 1919-08-25

European nations, lying across direct
international air routes. had planned
to assume control of the air to its
top and impose charges for crossing
their territory, but the freedom Of
the-air provision blocks such an ambi-
tlon unless the nation entertaining it
elects to stay out in the cold and be
denied all international rights by the
contracting states. So far as the lat
ter are concerned the air now becomes
as internationally free as the seas. and
puts every nation on short line via
the air to every other nation.
Article 16 of the same chapter pro-
vides that each contracting party shall
have the right to reserve to it's ma
tional aircraft the carriage of persons
and goods for hire between two points
on its own territory. The next article,
however, states that should any state
avail itself of this right any other
state may apply the same restrictions
making them effective as against the
aircraft of other nations.
Article IL of the same chapter pro-
vldes that theSpassage of any aircraft
over nations territory, with or with
out landing, shall not entail seizure or
detention on the ground that the ma
chine in question in any way infringes
on patents.
How Laws Are Applied
Persons flying over foreign territory,
from frontier to frontier, are required
to conform to the laws and regulations
of the country underneath, but legal
relations between the passengers are
governed by the laws of the nation to
which the avion belongs. In case,
however, that the flying party is inter
national in composition and crime or
misdeameanor is committed against
one belonging to the state over which
the plane is flying at the time, it's
laws apply, provided the plane sub
sequently should land in that state.
The state flown over has jurisdiction
with regard to every breach of its laws
for the public safety and its military
and fiscal laws, also its regulations
concerning air navigation.
Foreign aircraft landing in any
state are entitled to the same as
sistance that nationals would have,
and every public airdrome which is
shall also be open to foreigners on the
same conditions. The tariff charges
shall make no distinctions between ma
tionals and aliens.
The carriage Of arms and munitions
of war and explosives is forbidden in
international air nagivation. This is
no doubt, intended to make it difficult
for filbustering expeditions to resort
to the air route.
Each state is free to prohibit or reg
ulatc the carriage and use of photo
graphic apparatus. AS measure of
public safety any state may regulate
or restrict the carriage of other
articles than those. mentioned in the
preceding sentence, but all such in
ternal restrictions shall apply to cti-
zens and aliens alike.
All state owned or controlled air
craft other than military, police and
customs, shall have the same rights
and privileges abroad as private air
craft.
No military aircraft will be permit
ted to fly over or into foreign terri
tory without express authorization
from the government of that territory,
but having such authorization, it ac-
quires the same right of exteritoriality
as foreign ship of war.
Such an aircraft, if forced or or
dered to land, shall have no rights of
exterrtoriality. Agreements between
interested states shall govern the
crossing boundary rights Of police and
customs patrols.
The contracting states agree that,
except by special and temporary au-
thorization, no aircraft of a nation not
subscribing to the convention shall be
allowed to fly above the territories of
the signatory nations. This is ex-
pected to have the effect Of forcing all
nations into the convention. Every air.
craft participating in international
fight shall be registered in the nation
where it is owned, and there only, and
no corporation is permitted to register
a vessel outside of the nation in which
it is established. This provision makes
1t impossible for an American COM
pany, for instance, to own ships under
the British flag.
Every nation has the right to estab-
lish prohibited areas, but the prohib.
tions must apply to it's own people
equally with foreigners. Recognition
of certificates of worthiness, compe.