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which it is proper to declare seizable if they are intended for the use of the armed forces or the government of an enemy state, should be included aërostats, detached parts as well as accessories, articles and materials for use in aërostation.

53. (Art. 25.) (Old Art. 28.] The provisions of Chapter III of the Declaration of London of February 26, 1909, relative to assistance given the enemy by neutral vessels, should apply to neutral aërostats.

Assistance to the enemy is presumed and capture is permitted in the case of neutral aërostats navigating over belligerent states.

54. (Art. 26.) [Old Art. 30.] Neutral aërostats may be destroyed under the same conditions as belligerent aërostats.

55. (Art. 27.) (Old Art. 31.) Belligerents are recognized as possessing the right of seizure and of confiscation in the cases and to the extent in which it may be exercised by virtue of the preceding articles, even as regards neutral aërostats which fall upon their territory either by accident or by forced landing.

56. (Art. 28.) (Old Art. 32.] The subjects of a neutral state, in so far as concerns the aërostats which they may possess in the territory of belligerents, must be treated like the subjects of the states at war.

CHAPTER IV. Aërial Prizes 57. (Art. 29.) (Old Art. 33.) The trial of aërial prize cases is subject to the same rules as the trial of naval prize cases.

58. (Art. 30.) (Old Art. 34.) If the seizure of an aërostat or of its cargo is not confirmed by the court having jurisdiction over prizes, or if, without bringing the matter to trial, the seizure is not maintained, the interested parties are entitled to damages, provided there were not sufficient reasons for seizing the aërostat and its cargo.

In case an aërostat is destroyed, if the captor does not prove that he acted under necessity, as provided in Article 13, he is obliged to indemnify the interested parties, without investigation as to whether the capture was valid or not.


Regulation of Captive Aërostats and Unmanned Traveling Aërostats

CHAPTER I. Captive Aërostats 59. (Art. 1.) Captive aërostats, having in general the nationality of the lawful or de facto sovereign of the territory to which they are moored, are, in time of peace as in time of war, subject to the laws and the jurisdiction of that territory.

In exceptional cases, where they have a different nationality, they should be subject to the following rules:

(1) Private aërostats are subject to the laws and jurisdiction of the country over which they fly, except in cases of simple breach of discipline or failure to perform the professional duty of an aëronaut. Public aërostats, on the contrary, are subject to the authority of the government to which they belong, unless their commander delivers the delinquents to the local authorities or asks their intervention, or unless the security or the fate of the territorial state is involved.

(2) Acts committed in the car of a captive aërostat flying over the high seas or the territorial waters of a state, fall under the jurisdiction of the nation to which the aërostat belongs, or to which the vessel, to which it is moored, belongs, according as the aërostat is public or private, whether the vessel be public or private.

60. (Art. 2.) In time of peace captive aërostats, which are not national military aërostats, may not, without the written permission of the military authorities, be moored within 10,000 meters of fortified works.

No captive aërostat, private or public, may be moored within 10,000 meters of the fortified works of neighboring states, without the written permission of these states.

In time of war captive aërostats of neutrals may not be moored on their territory within 10,000 meters of the frontiers of the belligerent states; but captive aërostats of belligerents have a right to operate upon their own territory on the very border of neutral states. Captive belligerent aërostats may not be moored upon, or even pass through, the territory of a neutral country.

61. (Art. 3.) Captive aërostats which may break loose shall be treated as traveling aërostats.

CHAPTER II. Unmanned Traveling Aërostats

62. (Art. 4.) Unmanned traveling aërostats, which, under the name of "experimental balloons" (ballons-sonde), are used for scientific purposes exclusively, may navigate freely in all parts of the atmosphere, both in time of war and in time of peace.

These aërostats have attached to their car a plate giving their name, their domicile, and the address of their owner. They carry on a certain part of their envelope a flag of a particular shape which indicates their nationality.

Every state must see to it that its subjects respect experimental balloons (ballons-sonde) landing upon their territory or found in the sea; that they answer the questionnaire placed in the car; and return the balloons without delay to their sender. Customs formalities shall be simplified as much as possible in their case.

It is desirable that states should constitute an international union, with an office established at * * * (Strasburg), which shall control the use and regulation of experimental balloons (ballons-sonde) and collect the information which they are sent to gather.

63. (Art. 5.) If in time of war one of the belligerents makes use of traveling unmanned balloons in conducting its operations, they may be shot at by the other belligerent in all parts of the atmosphere where hostile acts are permitted.

But, if these aërostats escape the fire of the belligerent troops, neutral states over which they may pass have no right to touch them at whatever height they may be.

In case aërostats of this kind fall on the territory of a neutral state or are found in the sea by the subject of a neutral state, the authorities of that state must hold them, and any despatches or carrier pigeons which they may have on board, until peace is concluded.


Under the provisions of the convention signed at Washington,

August 18, 1910 Pursuant to the agreement by the Government of the United States and the Government of His Britannic Majesty by an exchange of notes dated April 26, 1912, the agents of the respective parties have agreed upon the following rules of procedure:



1. The record of claims and proceedings provided for in Article 5 of the special agreement shall consist of a register, a minute book, and such other books as the Tribunal may from time to time order.

The Register 2. The titles of claims appearing in the schedule shall be entered in the Register in the order in which the first pleading in respect of each of such claims is filed.

3. The claims shall be separately numbered in the order in which the claims are entered, and this designation by number shall be retained throughout the proceedings.

4. In the space in the Register allotted to each claim shall be recorded all the proceedings had in relation thereto.

The Minute Book

5. The Minute Book shall contain a chronological record of all the proceedings of the Arbitration, including the filing of all pleadings, filing of original documents, agreements of the agents, notices, interlocutory applications and decisions thereon, hearings before the Tribunal, and awards.

6. The Minute Book shall, at each sitting of the Tribunal, be signed by the President of the Tribunal, and countersigned by the Secretaries.

The Record

7. The Register, the Minute Book, and the other books, if any, shall be kept by the Secretaries of the Tribunal in duplicate.

8. On the conclusion of the Arbitration one set shall be handed to each of the Agents. Documents filed with the Secretaries of the Tribunal under Rule 25 shall, on the conclusion of the Arbitration, be returned to the party by whom they have been filed, and one copy of the pleadings and of the awards filed in the Office of the Tribunal shall be handed to each of the Agents.

CHAPTER II. — THE PLEADINGS 9. The pleadings shall, in respect of each claim, consist of a Memorial and an Answer. The claimant Government shall also be entitled to file a Reply if it thinks necessary.

10. The pleadings on either side shall be prepared with all dispatch and filed as soon as may be reasonably possible after the making of these rules.

The Memorial

11. The Memorial shall contain a succinct statement of the facts out of which the claim arises, of the grounds upon which it is put forward, and of the relief claimed.

12. The Memorial shall be accompanied by copies of the documents and other proofs upon which the claimant Government relies.

13. In the case of claims put forward on behalf of private individuals, corporations, or societies, other than claims arising out of treaties with Indian tribes or nations, the Memorial shall set out the name and nationality of the claimant, or, where the claimant is dead, of his present representatives, with the evidence in support of such nationality.

14. Where more than one claim arises out of the same set of facts, all or any of such claims may be included in the same Memorial.

The Answer

15. The Answer shall set out the grounds upon which the claim is resisted by the respondent Government, and shall in so doing indicate clearly the attitude of the respondent Government toward the several allegations contained in the Memorial.

16. The Answer shall be accompanied by the documents and proofs upon which the respondent Government relies.

The Reply

17. Where a Reply is considered necessary by the claimant Government, it shall deal only with allegations in the Answer, which present facts or contentions not adequately met or dealt with in the Memorial.

18. The Reply shall be accompanied by such documents and proofs as may be required for the purposes thereof.

Further Evidence

19. If the respondent Government considers it necessary to file further evidence for the purpose of answering the statements contained in the Reply, such further evidence may be filed without a written pleading, but accompanied by a short explanatory summary.

20. There shall be no written pleadings other than the Memorial, the Answer, and the Reply, except by agreement between the Agents or by order of the Tribunal.

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