Download e-book for iPad: Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)

By Dr. J. F. Lycklama à Nijeholt (auth.)

ISBN-10: 9401758557

ISBN-13: 9789401758550

ISBN-10: 9401763291

ISBN-13: 9789401763295

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Sample text

Tbe other side of tbe question we mean to consider next is, whether it is desirable to maintain the said sovereignty. ean such sovereignty endanger other interests, interests of such supreme importance as to require tbe sacrifice of the ground-state's right 7 To answer tbis question we can do no bettel' tb an test the desirability of air-sovereignty to the groundstate's interest in remaining sovereign and to the possible drawbacks of that sovereignty. § 1. Ground-state's Interests. The importance the airspace has for the ground-state is on the verge of acquiring a wholly new aspect since the navigation of the air is an accomplished fact.

With a rare exception all writers maintain this opinion and recognise the landowner's right over tbe airspace as over an appurtenance of the land. We refer to: 2) 'rheophile Huc, Baudry- Lacantinerie, Aubry et Rau, Dalloz, Laurentie, Passion, Cirier, Julliot. Of another opinion are Naquet, who says property of the airspace only exists as far as the space is really used by what has been built or planted on the soil, and Planiol, who considers the property above the land a question that can only be treated under the head accretion and who consequently thinks tbe rule of art.

Or perhaps für the sake of equality, are we to take for universal measure the highest monument on earth 1), which is, at the present time, the Eiffel Tower, ab out 900 feet high, and but recently made still higher by an installation for wireless telegraphy? Then every higher monument would increase the sphere of sovereignty of all states, and the disappearance of this all-important monument would mean lt lowering of sovereignty all over the globe! We see, great certainty is not to be expected from this method of measuring sovereignty.

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Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)


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