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Aviation and International Law *

Published online by Cambridge University Press:  04 May 2017

Manley O. Hudson
Manley O. Hudson*
Affiliation:
Harvard Law School
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Extract

The first thirty years of the nineteenth century saw the beginnings of a great revolution in transportation and communication. Improvements were introduced which in time greatly changed the daily lives of people throughout the world, and made it possible for their efforts to reach out as never before in human history. The change was nowhere more significant than in its effect on international society. A century ago, the railroad, the steamship and the telegraph so extended the range of human action that national organization ceased to correspond with the activities of many peoples, and the state system upon which the nineteenth century dawned was greatly modified by the progress made in international organization before the century had passed. Certainly no period up to that time had produced such changes as those which began in the decades between 1800 and 1830.

Type
Research Article
Information
American Journal of International Law , Volume 24 , Issue 2 , April 1930 , pp. 228 - 240
Copyright
Copyright © American Society of International Law 1930

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Footnotes

*

An address delivered at New York University, February 25, 1930.

References

1 The Convention of St. Petersburg, July 10/22, 1875. 57 League of Nations Treaty Series, p. 201; Supplement to this Journal, Vol. 7 (1913), p. 276. 228

2 47 League of Nations Treaty Series, p. 55; Supplement to this Journal, Vol. 21 (1927), p. 152.

3 The international rules were revised by the Conference on Safety of Life at Sea, London, May 31, 1929, but the revised rules were not promulgated in the form of an international convention

4 See, for instance, Andrew Foss v. Airplane Crawford Brothers, No. 2 (1914), 215 Fed. 269, 1928 U. S. Av. R., p. 1.

5 See Baldwin, Simeon E., “ The Law of the Air-ship” , this Journal, Vol. 4 (1910), p. 95.Google Scholar

6 Scott, , Resolutions of the Institute of International Law, p. 171 Google Scholar

7 See Kuhn, Arthur K., “ The Beginnings of an Aerial Law,” this Journal, Vol. 4 (1910), p. 109.Google Scholar

8 2 Revue Juridique Internationale de la Locomotion A&rienne, p. 9.

9 7 Martens, Nouveau Recueil Général (3 Ser.), p. 643; Supplement to this Journal, Vol. 8 (1914), p. 214.

10 58 League of Nations Treaty Series, p. 331.

11 11 League of Nations Treaty Series, p. 174.

12 The statement in Hotchkiss, Aviation Law, p. 10, that Canada is “ not included in the provisions” of the convention is inaccurate.

13 See the Official Bulletin of the International Commission for Air Navigation, No. 15, p. 51, for a list of the parties which have ratified or adhered. This list now includes: Australia, Belgium, Bulgaria, Canada, Chile, Czechoslovakia, Denmark, France, Great Britain, Greece, India, Irish Free State, Italy, Japan, Netherlands, New Zealand, Persia, Poland, Portugal, Roumania, Saar Territory, Siam, South Africa, Sweden, Uruguay, Yugoslavia.

14 11 League of Nations Treaty Series, p. 307.

15 British Treaty Series, No. 12 (1925).

16 See, for instance, Official Bulletin of the International Commission for Air Navigation, No. 1, pp. 5, 6; No. 2, pp. 3, 4, 5; No. 3, pp. 4, 5.

17 British Treaty Series, No. 13 (1925).

18 U. S. Department of State, Bulletin of Treaty Information, No. 4, second supplement

19 A French translation of the text is published in Revue Juridique de la Locomotion Airienne, p. 97. For a valuable comment, see A. Giannini, “ La convenzione ibero-americana per la navigazione aerea,” 4 II Diritto Aeronautico (1927), p. 301.

20 Final Act of the Sixth International Conference of American States, p. 97; Supplement to this Joubnal, Vol. 22 (1928), p. 124.

21 Mention might also be made of a conference held at The Hague, November 6-9,1923, to consider aerial service between England, the Netherlands, Northwest Germany, Denmark, Sweden and Norway, at which a series of resolutions was adopted.

22 75 League of Nations Treaty Series, pp. 8, 40.

23 U. S. Treaty Series, No. 767; Supplement to this Journal , Vol. 23 (1929), p. 40. See also 5 Revue Juridique de Radioelectricité, p. 119.

24 Official Bulletin of the International Commission for Air Navigation, No. 14, p. 27.

25 Cf. Reinhardt v. Newport Flying Service Corporation, (1921) 232 N. Y. 115,1928 U. S. Av. R., p. 4.

26 28 League of Nations Treaty Series, p. 116; Supplement to this Journal , Vol. 18 (1924), p. 53.

27 Twelve volumes of this Revue have been published to date.

28 3 Revue Juridique Internationale de la Locomotion Airienne, p. 168.

29 For the text, see U. S. Bulletin of Treaty Information, No. 7, Supplement (Oct. 12, 1929).

30 112 British and Foreign State Papers, p. 724.

31 By Giannini, A., in 6 II Diritto Aermautico (1929), p. 394. See also 3 II Diritto Aeronautico, p. 129 Google Scholar

32 A list compiled by the writer is printed in the Supplement to this Journal.

33 The reservations of the United States are to be found in 6 II Diritto Aeronautico, p. 382.

34 For the text, see the Department of State Press Release, Feb. 23,1929; 1929 U. S. Av. R., p. 271.

35 U. S. Executive Agreement Series, No. 2; 1929 U. S. Av. R., p. 273.

36 Official Bulletin of the International Commission for Air Navigation, No. 3, p. 15.

37 44 Stat. (Part 2) p. 572

38 Treaty of November 18, 1903. 2 U. S. Treaties and Convention, p. 1349; Supplement to this Journal , Vol. 3 (1909), p. 130.

39 10 & 11 George V, c. 80.

40 See in this connection, the interesting paper purporting to be “ read before the Bar Association on March 16, 1975” , in 19 Green Bag, 708.

41 See, however, Bouvé, Clement L., “ The Development of International Rules of Conduct in Air Navigation, ” 1 Air Law Review (1930), pp. 1, 6.Google Scholar

42 Express provision to this effect is to be found in numerous bipartite agreements. See, for example, the convention of May 29,1925, between Germany and Sweden. 46 League of Nations Treaty Series, p. 121.

43 This Journal, Supplement, Vol. 23 (1929), p. 121

44 See Naval War College, International Law Documents, 1924, pp. 96, 152

45 See the excellent discussion of this subject by Visscher, Fernand de, in 2 Zeitschrift fur das Gesamte Luftrecht (1928), p. 18 Google Scholar. See also, Gamer, James W., “ Riglementation Internationale de la Navigation Airienne, ” 4 Revue de Droit International et de legislation Comparie (1923), p. 382 Google Scholar; Fagg, Fred D., Jr., “ The International Air Navigation Conventions,” 25 Southern California Law Review (1929), pp. 430, 439.Google Scholar

46 See the bibliography by Hirschberg, Rudolph, in 2 Southern California Law Review (1929), p. 455.Google Scholar