By Dr. J. F. Lycklama à Nijeholt (auth.)
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27 similarity, that both can be of great service to reach the open sea and thereby other countries. International rivers, however, are for navigation a generally indispensable connection with the sea; the lower river being in most cases not only the shortest but also the only way to the open sea. As regards the airspace, a similar necessity of passage, of a way out to the sea, could only be claimed by a country not having any sea frontier. Such countries, however, heing extremely rare, the case would seem more apt for regulation by special treaty between the countries concerned, and is by no means fit to be the basis of a general principle.
2) Not even as regards occupied territory. See for instance Oppenheim International Law 1905, I, p. 298; Ullmann, Völkerrecht 1908, p. 324; Hall, 1. , p. 116; PradierFodere, Traite de droit intern. pub!. II. p. 413. 47 restrietions. Not: the ground-state possesses some conventional rights, but: the state has a right to be sovereign to an unlimited height and, if necessary, conventions will bring such exceptions upon the right of sovereignty as the state itself allows to be made. B. The Ground-state's Interest at Recognition of its Airsovereignty; Objections against such Sovereignty.
The Duteh Game law (art. 29) for instanee, promises renumeration for the killing of noxious birds on one's own ground and amongst them it names high-flying birds such as the eagle, the hawk, the falcon, ete. Surely there would not be mueh chance of a fairly good sueeess, if the interpretation were right, that only such eagles and hawks are meant as touch the soil when being shot at. The same act says in art. 21 that nets to catch so me special birds may not be placed lower than a certain height.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)