Hazeltine, 1911, The Law of the Air

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Harold Dexter Hazeltine. The Law of the Air: Three Lectures Delivered in the University of London at the Request of the Faculty of Laws. London: University of London Press (Hodder & Stoughton, Warwick Square, E.C.), 1911.

Online at Internet Archive.

The lectures were delivered on December 7, 12, and 14, 1910, at King's College. Their titles are:

  1. The Fundamental Problem: The Rights of States in the Air-Space
  2. The Principles and Problems of National Law
  3. The Principles and Problems of International Law

Hazeltine (pp. 3–4) cites some even early discussions of aeronautics law, including:

  • Manduca (1891) writing on crimes committed in the air
  • Zitelman (1897) on aviation and private international law
  • Rosenberg (1901) on balloonists' liabilities for damaged they cause
  • Pappafava (1901) on the activities of "the commissioner of oaths" considered on the land, on the water, and in the air
  • Paul Fauchille (1901), Le domaine aérien et le régime juridique des aérostats, which Hazeltine considers groundbreaking

Fauchille went on to draft a "code of the air".

The fundamental problem, according to Hazeltine, is whether the present international system simply extends up from the ground into air-space, with nations having the same jurisdiction and right of defense in their air-space as they do on the ground, or whether the air is or should be something fundamentally different. Hazeltine descries a version of the latter theory advocated by M. Nys, who would treat the air as an extension of the ocean and apply maritime law. Hazeltine cannot believe that this theory "will every be seriously considered by jurists and by states" (14).

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