Aircraft in War

Aircraft in War

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...are more akin to war materiel than is railway material, and belligerents would hardly allow reciprocity in their case. But, apart from this, the matter is one for the lex loci, not for International Law to decide. If the belligerent's laws provide for the requisitioning of neutral aircraft in the country when martial law is proclaimed or a national emergency arises, it is not for International Law to say whether such impressment is valid or not. If the neutral national is aggrieved, he should have been more cautious about keeping his aircraft in a country with whose laws he was, apparently, unacquainted. It is otherwise with an invaded country: there, the lex loci is displaced by the laws of war when the invader takes possession, and the laws of war entitle the latter to carry away neutral aircraft found there so that the enemy may not be able to use them (as his national laws may empower him to) if the invader is driven back. The case is therefore one for International Law and it appears necessary to lay down an express rule. As regards the second paragraph of Article 18, it may be asked, What is the use of legislating for something which is purely facultative? I can only refer to the precedent of Article 2 of the Geneva Convention, 1906, which states that " belligerents are free to arrange with one another " such matters as the repatriation of wounded prisoners, etc. It seems to me advisable to make it clear that the rather grave liabilities of neutral aircraft-owners under the first paragraph may be mitigated by special arrangements between their Government and the belligerent; the latter, for instance, might safely allow the release of the aircraft if he were assured, on the faith of an undertaking endorsed by the owner's Government, that it...show more

Product details

  • Paperback | 44 pages
  • 189 x 246 x 2mm | 95g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236663624
  • 9781236663627