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Art. 7. Individuals who, in spite of the belligerent's prohibition, persist in transmitting or receiving despatches by wireless telegraph between the various sections of an army or of a belligerent territory, are, if captured, not considered spies, but treated as prisoners of war. Not so, however, if the correspondence is carried on under false pretenses.

Bearers of despatches transmitted by wireless telegraph are classed as spies when they employ dissimulation or ruses.

Neutral vessels and balloons which, by their communications with the enemy, may be considered as having put themselves at his service, as well as their despatches and apparatus, may be confiscated. Neutral subjects, vessels, and balloons, if it is not proved that their correspondence was intended to furnish the enemy with information concerning the conduct of hostilities, may be removed from the zone of operations and their apparatus seized and sequestered.

Art. 8. A neutral state is not obliged to forbid the passage above its territory of Hertzian waves whose destination is a country which is at war.

Art. 9. It is the right and the duty of a neutral country to close or to take charge of the establishment of a belligerent state, which it had authorized to operate in its territory.

Art. 10. Belligerents must immediately notify neutral governments whenever they prohibit communication by wireless telegraph.

DRAFT CONVENTION ON THE JURIDICAL REGULATION OF AËROSTATS 1

By M. Paul Fauchille

FIRST PART

Regulation of Aërostats in Time of Peace

CHAPTER I. Aërostats

1. (Art. 1.) Aërostats are either public or private. Public aërostats are either military or civil.

Aërostats assigned by the state to military service and under the command of an army or naval officer in uniform are considered military aërostats. All military aërostats must have in plain sight on their envelope a distinctive mark showing their character.

i Revue Juridique International de la Locomotion Aérienne, Vol. II, p. 206.

Aërostats assigned to the civil service of the state and under the orders of a duly commissioned official are considered public civil aërostats. They shall have in plain sight a mark indicative of their character.

2. (Art. 2.) Every aërostat must have a nationality. The nationality of public aërostats is that of the state in whose service they are engaged. Private aërostats are of the nationality of their owners.

3. (Art. 3.) Every aërostat must be registered upon a list drawn up by the public authorities of the state to which it belongs, or of the country where its owner lives.

The list shall indicate the name and kind of aërostat and the address of its owner.

The place of registration and the authority in charge is fixed by the laws of each state.

The different states shall communicate to each other the lists of registered aërostats.

4. (Art. 4.) Every aërostat must have riveted to its car an identification plate giving the name and address of the owner, the name of its constructor and the manufacturer's number.

It shall carry moreover, in plain sight upon its envelope: (1) a letter corresponding to the country in which it was listed; (2) a letter corresponding to the district in which it was registered; (3) a figure corresponding to its number on the registration list.

If an aërostat is not of the nationality of the country in which it was listed, it shall carry, in addition, the letter of the country of its nationality.

The national flag shall indicate the public character of aërostats. On military aërostats this flag shall be in the shape of a streamer.

CHAPTER II. Navigation of Aërostats

5. (Art. 5.) In order to be allowed to navigate in the air, every private aërostat must have a flying permit indicating its nationality and the essential points of its equipment.

National regulations in each state shall determine the conditions under which flying permits shall be given after a trial flight.

A permit given in one of the contracting states shall be valid in the other states.

The competent authorities shall have the right to examine at all times aërostats which have permission to navigate. The flying permit shall be withdrawn from aërostats which cease to fulfil the conditions requisite for navigation.

6. (Art. 6.) Every pilot of a private aërostat must be provided with a license granted by the competent authority after examination.

There shall be separate licenses for non-dirigible balloons, for dirigible balloons and for aëroplanes.

The license given for one class of aërostat cannot serve for the pilot of an aërostat belonging to another class. The same pilot may be granted licenses for different classes.

A pilot must possess at least the following qualifications in order to obtain a license: (1) he must be more than 18 years of age; (2) he must have good eyesight; (3) he must not have been convicted of crime or misdemeanor.

Licenses granted in one of the contracting countries are valid in the other countries.

A foreigner as well as a national may obtain a flying license.

7. (Art. 7.) Air navigation is free. Nevertheless the underlying states possess the rights necessary for self-preservation; that is to say, for their own security and the security of the persons and the property of their inhabitants.

8. (Art. 8.) To preserve their right of self-preservation, states may close certain portions of the atmosphere to navigation. They possess in particular the right to prohibit navigation over or around fortified works.

The sections of territory over which navigation is prohibited shall be designated by marks which aëronauts can see.

9. (Art. 9.) Aërostats may freely navigate over the high seas and unowned territories.

10. (Art. 10.) Military and police aërostats may not cross the fronitiers of their country, except upon permission of the state over which they desire to navigate and in which they intend to land.

11. (Art. 11). Private aërostats are forbidden to carry explosives, arms and munitions of war in international flights. The same prohibition applies in principle to cameras and wireless telegraph apparatus. This prohibition may be removed by the authorities of the territories over which the aërostats navigate.

12. (Art. 12.) Aërostats are likewise forbidden to carry prohibited merchandise, or merchandise subject to a monopoly, or merchandise subject to customs duties on very small quantities and which must be determined restrictively.

13. (Art. 13.) Acts committed on board public and private aërostats, in whatever portion of space they may be, fall under the jurisdiction of the state to which the aërostats belong and are tried according to the laws of that state.

Nevertheless, acts which threaten the right of self-preservation of the underlying state or which cause damage to its territory or to the property or persons of its inhabitants, must be tried by the courts and laws of the territorial state.

14. (Art. 14.) In case of collision of aërostats of the same nationality in any part of the atmosphere whatsoever, the courts and laws of the country to which they belong have jurisdiction to fix and settle the responsibility, and not the courts and laws of the underlying state. When the two aërostats are of different nationalities, the same rules will be followed in determining which of the two systems of national legislation is applicable as in the case of two colliding vessels of different nationalities on the high seas.

15. (Art. 15.) An international regulation annexed to the present convention, which shall go into effect at the same time as does the convention and remain in force until it is modified by common consent, shall determine the specific rules to prevent collisions and to facilitate the safe navigation of aërostats. These rules shall be based upon the practice followed in maritime navigation.

CHAPTER III. Departure and Landing of Aërostats

16. (Art. 16.) Every private aërostat must have on board and produce whenever requested: (1) its navigation permit; (2) its pilot's license; (3) if carrying freight, a manifest drawn up as provided in the next article; (4) a ship's book in which shall be written the names of the pilot and of the crew, the names, occupations and residences of the passengers, and the interesting events of the voyage.

Public aërostats are required to have only the ship's book.

17. (Art. 17.) No formality is required of aërostats which leave the country without freight.

On the contrary, aërostats loaded with freight must provide themselves with a manifest drawn up at the place of loading and certified by the proper fiscal authority.

The fiscal police and agents shall have the right in all cases to search aërostats before their departure.

18. (Art. 18.) Every aërostat which desires to land shall make known its intention by a special signal, determined in the regulations annexed to the convention.

19. (Art. 19.) Every state may prohibit the landing of aërostats in certain sections of its territory, to be designated by marks which aëronauts can see.

Aërostats carrying freight may land only at specified points.

20. (Art. 20.) States possess the right to prohibit the landing in their territory of aërostats from an infected country, under the same conditions as apply to vehicles on land and vessels on the sea.

21. (Art. 21.) Immediately after the landing of an aërostat the pilot must inform the nearest authorities. These authorities, after verifying the identity of the aërostat, examining its cargo and carrying out the formalities provided by the fiscal laws, shall sign the ship's book. A freight-carrying aërostat must present its manifest. The persons on board must comply with the requirements of the customs laws of the country where the landing takes place.

22. (Art. 22.) Aërostats which land in a foreign country but which are bound for a point without that country shall receive the benefit of the law concerning customs bonds or the deposit of duties.

23. (Art. 23.) The customs, or if need be the excise, authorities of the country to which aërostats belong, shall place upon aërostats and their rigging an indelible stamp or a lead identification seal, according to the nature of the object; and, if they are thus stamped and sealed upon their return to the country, they shall be admitted free. Only the objects not marked shall be subject to the payment of customs duties.

24. (Art. 24.) Acts which are committed in a private aërostat while it is in contact with the soil of a foreign state fall under the jurisdiction of this state and are tried by its laws, except simple breaches of discipline and the failure to perform the professional duties of an aëronaut. On the other hand, acts committed on board a public aërostat are in principle out of the jurisdiction of the territorial state.

25. (Art. 25.) [Old Art. 24.] Public aërostats in foreign countries are entitled to the privileges of exterritoriality.

26. (Art. 26.) (Old Art. 25.) When an aërostat is landing or in distress, the authorities of the contracting states must give it assistance and protection. They must instruct their inhabitants in the proper measures to be taken in such cases.

27. (Art. 27.) [Old Art. 26.] Whoever finds a wrecked airship on

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