By Dr. J. F. Lycklama à Nijeholt (auth.)
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4. 41 Supreme Court. 24th Dec. 1902 (7849). France. Trib. corr. d'Arras 1828. Gaz. Trib. 30 oct. 1828 1). Cour de Paris 15 avr. 1864. Dalloz 1880. 3. 103. Trib. corr. de Corbeil. 10 dec. 1880 2). Trib. civ. de Tours. 19 janv. 1887. Dalloz 1900. 2. 361. Cour d'appel d'Amiens. 19 fevr. 1896. Dalloz 1896. 2. 464. Trib. de paix de Lilie 15 nov. 1899. Dalloz 1900. 3. 361. Cour d'appel de Lyon 9 avr. 1903. Dalloz 1906. 2. 178. Belgium. Cassation Bruxelles 15 mai 1876. La Belg. judo 1876. p. 602. Switzerland.
T 1885 anneu 3619, p. 417. 40 by the law 1) which implies that without such authorisation the killing is prohibited. But then again there would not be much sense in this prohibition if it were confined to birds touching the soil. Then also the rule, practised by most countries, that forbids hunting on ground where one has no legal right to do so, would miss a good deal of its effect if flying birds were excepted. 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.
L'Aviation, 1908, p. 161 where he names as partisans of his opinion: WeHs, Esnault-PeIterie, Archdeacon, :Quinton. 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.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)