By Dr. J. F. Lycklama à Nijeholt (auth.)
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Extra info for Air Sovereignty
Considering on the contrary the prohibition to be meant equally for birds when flying, the rule is practical and valuable; moreover, it is then in accordance with the principle "Cujus est solum ejus est uspue ad coelum", the generally adopted basis of the right of land-property, as we have shown in the preceding pages. So altogether there is no reason to distinguish between birds touching or not touching the soil. But then, there neither is any reason to distinguish between birds flying hjgh or flying less high, which would mean the introduction of a restriction that is likely greatly to hamper the effect of many provisions, a restriction, moreover, to which not the slightest allusion has been made by any law.
SECTION IH. RELATION BETWEEN THE LAND AND THE SPACE ABOVE IT. A. The groundstate's right to recognition of its air-sovereignty. We ha ve mentioned as one of the characterjctics of the airspace that it is an essential part of the state territory and therefore must be as fully submitted to the state sovereignty as the land. We have not yet discussed the point, however, as to whether it is sufficient to recognise sovereignty for the lower part only of the airspace or whether this autbority must be unlimited in height.
We e:x:amined the position of the airspace above sovereign state territory, according to existing law, and we saw that tbe general principles of law in this matter plead for sovereignty oftbe ground-state, and that the states' attitude intimates that their air-sovereignty, when needed, has never been doubted. So by now we know what is the right of the ground-state, we know that its right to reign as high above the soH as it thinks fit, can only be abolished by treaty. Tbe other side of tbe question we mean to consider next is, whether it is desirable to maintain the said sovereignty.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)