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148 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

Art. 7. Individuals who, in spite of the belligerent's prohibition, per- 
sist in transmitting or receiving despatches by wireless telegraph be- 
tween the various sections of an army or of a belligerent territory, are, 
if captured, not considered spies, but treated as prisoners of war. Not 
so, however, if the correspondence is carried on under false pretenses. 

Bearers of despatches transmitted by wireless telegraph are classed 
as spies when they employ dissimulation or ruses. 

Neutral vessels and balloons which, by their communications with 
the enemy, may be considered as having put themselves at his service, 
as well as their despatches and apparatus, may be confiscated. Neutral 
subjects, vessels, and balloons, if it is not proved that their corre- 
spondence was intended to furnish the enemy with information con- 
cerning the conduct of hostilities, may be removed from the zone of 
operations and their apparatus seized and sequestered. 

Art. 8. A neutral state is not obliged to forbid the passage above 
its territory of Hertzian waves whose destination is a country which is 
at war. 

Art. 9. It is the right and the duty of a neutral country to close or 
to take charge of the establishment of a belligerent state, which it had 
authorized to operate in its territory. 

Art. 10. Belligerents must immediately notify neutral governments 
whenever they prohibit communication by wireless telegraph. 



DRAFT CONVENTION ON THE JURIDICAL REGULATION OF AEROSTATS x 

By M. Paul Fauchille 

First Part 

Regulation of Aerostats in Time of Peace 

Chapter I. Aerostats 

1. (Art. 1.) Aerostats are either public or private. Public aerostats 
are either military or civil. 

Aerostats assigned by the state to military service and under the 
command of an army or naval officer in uniform are considered mili- 
tary aerostats. All military aerostats must have in plain sight on their 
envelope a distinctive mark showing their character. 

1 Revue Juridique International de la Locomotion ASrienne, Vol. II, p. 206. 



OFFICIAL DOCUMENTS 149 

Aerostats assigned to the civil service of the state and under the orders 
of a duly commissioned official are considered public civil aerostats. 
They shall have in plain sight a mark indicative of their character. 

2. (Art. 2.) Every aerostat must have a nationality. The nationality 
of public aerostats is that of the state in whose service they are engaged. 
Private aerostats are of the nationality of their owners. 

3. (Art. 3.) Every aerostat must be registered upon a list drawn up 
by the public authorities of the state to which it belongs, or of the coun- 
try where its owner lives. 

The list shall indicate the name and kind of aerostat and the address 
of its owner. 

The place of registration and the authority in charge is fixed by the 
laws of each state. 

The different states shall communicate to each other the lists of regis- 
tered aerostats. 

4. (Art. 4.) Every aerostat must have riveted to its car an identifica- 
tion plate giving the name and address of the owner, the name of its 
constructor and the manufacturer's number. 

It shall carry moreover, in plain sight upon its envelope: (1) a letter 
corresponding to the country in which it was listed; (2) a letter corre- 
sponding to the district in which it was registered; (3) a figure corre- 
sponding to its number on the registration list. 

If an aerostat is not of the nationality of the country in which it was 
listed, it shall carry, in addition, the letter of the country of its na- 
tionality. 

The national flag shall indicate the public character of aerostats. 
On military aerostats this flag shall be in the shape of a streamer. 

Chapter II. Navigation of Aerostats 

5. (Art. 5.) In order to be allowed to navigate in the air, every pri- 
vate aerostat must have a flying permit indicating its nationality and the 
essential points of its equipment. 

National regulations in each state shall determine the conditions 
under which flying permits shall be given after a trial flight. 

A permit given in one of the contracting states shall be valid in the 
other states. 

The competent authorities shall have the right to examine at all times 
aerostats which have permission to navigate. The flying permit shall 



150 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

be withdrawn from aerostats which cease to fulfil the conditions req- 
uisite for navigation. 

6. (Art. 6.) Every pilot of a private aerostat must be provided with 
a license granted by the competent authority after examination. 

There shall be separate licenses for non-dirigible balloons, for dirigible 
balloons and for aeroplanes. 

The license given for one class of aerostat cannot serve for the pilot 
of an aerostat belonging to another class. The same pilot may be granted 
licenses for different classes. 

A pilot must possess at least the following qualifications in order to 
obtain a license: (1) he must be more than 18 years of age; (2) he must 
have good eyesight; (3) he must not have been convicted of crime or 
misdemeanor. 

Licenses granted in one of the contracting countries are valid in the 
other countries. 

A foreigner as well as a national may obtain a flying license. 

7. (Art. 7.) Air navigation is free. Nevertheless the underlying 
states possess the rights necessary for self-preservation; that is to say, 
for their own security and the security of the persons and the property 
of their inhabitants. 

8. (Art. 8.) To preserve their right of self-preservation, states may 
close certain portions of the atmosphere to navigation. They possess in 
particular the right to prohibit navigation over or around fortified works. 

The sections of territory over which navigation is prohibited shall 
be designated by marks which aeronauts can see. 

9. (Art. 9.) Aerostats may freely navigate over the high seas and 
unowned territories. 

10. (Art. 10.) Military and police aerostats may not cross the fron- 
tiers of their country, except upon permission of the state over which 
they desire to navigate and in which they intend to land. 

11. (Art. 11). Private aerostats are forbidden to carry explosives, 
arms and munitions of war in international flights. The same prohibi- 
tion applies in principle to cameras and wireless telegraph apparatus. 
This prohibition may be removed by the authorities of the territories 
over which the aerostats navigate. 

12. (Art. 12.) Aerostats are likewise forbidden to carry prohibited 
merchandise, or merchandise subject to a monopoly, or merchandise 
subject to customs duties on very small quantities and which must be 
determined restrictively. 



OFFICIAL DOCUMENTS 151 

13. (Art. 13.) Acts committed on board public and private aerostats, 
in whatever portion of space they may be, fall under the jurisdiction 
of the state to which the aerostats belong and are tried according to the 
laws of that state. 

Nevertheless, acts which threaten the right of self-preservation of 
the underlying state or which cause damage to its territory or to the 
property or persons of its inhabitants, must be tried by the courts and 
laws of the territorial state. 

14. (Art. 14.) In case of collision of aerostats of the same nationality 
in any part of the atmosphere whatsoever, the courts and laws of the 
country to which they belong have jurisdiction to fix and settle the 
responsibility, and not the courts and laws of the underlying state. 
When the two aerostats are of different nationalities, the same rules 
will be followed in determining which of the two systems of national 
legislation is applicable as in the case of two colliding vessels of different 
nationalities on the high seas. 

15. (Art. 15.) An international regulation annexed to the present 
convention, which shall go into effect at the same time as does the con- 
vention and remain in force until it is modified by common consent, 
shall determine the specific rules to prevent collisions and to facilitate 
the safe navigation of aerostats. These rules shall be based upon the 
practice followed in maritime navigation. 

Chapter III. Departure and Landing of Aerostats 

16. (Art. 16.) Every private aerostat must have on board and pro- 
duce whenever requested: (1) its navigation permit; (2) its pilot's license; 
(3) if carrying freight, a manifest drawn up as provided in the next 
article; (4) a ship's book in which shall be written the names of the pilot 
and of the crew, the names, occupations and residences of the pas- 
sengers, and the interesting events of the voyage. 

Public aerostats are required to have only the ship's book. 

17. (Art. 17.) No formality is required of aerostats which leave the 
country without freight. 

On the contrary, aerostats loaded with freight must provide them- 
selves with a manifest drawn up at the place of loading and certified 
by the proper fiscal authority. 

The fiscal police and agents shall have the right in all cases to search 
aerostats before their departure. 



152 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

18. (Art. 18.) Every aerostat which desires to land shall make known 
its intention by a special signal, determined in the regulations annexed 
to the convention. 

19. (Art. 19.) Every state may prohibit the landing of aerostats in 
certain sections of its territory, to be designated by marks which aero- 
nauts can see. 

Aerostats carrying freight may land only at specified points. 

20. (Art. 20.) States possess the right to prohibit the landing in 
their territory of aerostats from an infected country, under the same 
conditions as apply to vehicles on land and vessels on the sea. 

21. (Art. 21.) Immediately after the landing of an aerostat the pilot 
must inform the nearest authorities. These authorities, after verifying 
the identity of the aerostat, examining its cargo and carrying out the 
formalities provided by the fiscal laws, shall sign the ship's book. A 
freight-carrying aerostat must present its manifest. The persons on 
board must comply with the requirements of the customs laws of the 
country where the landing takes place. 

22. (Art. 22.) Aerostats which land in a foreign country but which 
are bound for a point without that country shall receive the benefit of 
the law concerning customs bonds or the deposit of duties. 

23. (Art. 23.) The customs, or if need be the excise, authorities of 
the country to which aerostats belong, shall place upon aerostats and 
their rigging an indelible stamp or a lead identification seal, according 
to the nature of the object; and, if they are thus stamped and sealed 
upon their return to the country, they shall be admitted free. Only 
the objects not marked shall be subject to the payment of customs duties. 

24. (Art. 24.) Acts which are committed in a private aerostat while 
it is in contact with the soil of a foreign state fall under the jurisdic- 
tion of this state and are tried by its laws, except simple breaches of 
discipline and the failure to perform the professional duties of an aero- 
naut. On the other hand, acts committed on board a public aerostat 
are in principle out of the jurisdiction of the territorial state. 

25. (Art. 25.) [Old Art. 24-.] Public aerostats in foreign countries 
are entitled to the privileges of exterritoriality. 

26. (Art. 26.) [Old Art. 25.] When an aerostat is landing or in dis- 
tress, the authorities of the contracting states must give it assistance 
and protection. They must instruct their inhabitants in the proper 
measures to be taken in such cases. 

27. (Art. 27.) [Old Art. 26.] Whoever finds a wrecked airship on 



OFFICIAL DOCUMENTS 153 

land or sea must inform the nearest municipal authorities or the au- 
thorities of the first port he enters, within twenty-four hours after the 
discovery or after his arrival in port. 

If the wreck can be identified, it shall be restored to its owner, who 
shall reimburse the rescuer for the expense to which he is put and pay 
him as a reward 5 % of the value of the wreck. 

If the wreck cannot be identified, it shall remain in the hands of the 
authorities. The municipal law of each state determines the period 
within which the owner of the wreck may reasonably claim it. 

28. (Art. 28.) [Old Art. 21 '.] Upon the request of those who have an 
interest in it, such assistance as it is possible to give must be given an 
aerostat in the air, on land or in the sea. The assistant must be reim- 
bursed for the expense to which he is put and receive a suitable reward. 

Second Part 
Regulation of Aerostats in Time of War 
Chapter I. The Field of Aerial War 

29. (Art. 1.) Belligerent states possess the right to engage in hostile 
acts in every part of the atmosphere over their continental territory 
and over the high seas or the sea along their coasts. 

On the contrary, they are forbidden to commit hostile acts which 
are calculated to cause the fall of projectiles or cause damage generally 
over the continental territories of neutral states, at any height what- 
ever, and along the coasts of these states within a distance determined 
by the range of the cannon of their aerostats. 

Military aerostats of belligerents, also public non-military aerostats, 
may not navigate over neutral states, except with the permission of 
those states. Private aerostats require no permission to navigate. But 
both public and private aerostats are forbidden to remain over neutral 
countries within a certain distance of the frontiers of an enemy state. 
The navigation of aerostats in time of war is in all cases subject to the 
same restrictions as in time of peace. 

Chapter II. The Relations of Belligerents to each other 

30. (Art. 2.) [Old Art. 8.] Belligerents are forbidden to engage in 
aerial privateering just as in maritime privateering. 



154 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

But they may add to their military forces private aerostats and their 
crews, on condition that they be subject to the orders of a duly commis- 
sioned officer of the state and have a distinctive mark in plain sight in- 
dicative of their character. 

31. (Art. 3.) [Old Art. 4-] A private aerostat may be converted into 
a military aerostat, while war is in progress, in the territory and in the 
territorial waters of the state to which it belongs, in the territory occu- 
pied by the troops of this state, on the high seas, and in the air, except 
over a neutral state, under the conditions set forth in the Hague Con- 
vention of October 18, 1907 relative to the conversion of vessels of 
commerce into warships. 

A private aerostat converted into a military aerostat shall remain 
such as long as hostilities last, and it may not be reconverted into a 
private aerostat during this period. 

32. (Art. 4.) [Old Art. 5.] The provisions of section 1, Chapter II, 
and of section 2, Chapters I and III of the Hague Regulations of Oc- 
tober 18, 1907 concerning the laws and customs of land warfare shall 
apply, so far as possible, to aerial warfare, with the exception of those 
expressly stipulated in the following articles. 

33. (Art. 5.) [Old Art. 6.] In conformity with the second and third 
Hague declarations of July 29, 1899, aerostats are forbidden to throw 
projectiles intended to spread asphyxiating or deleterious gases, as well 
as bullets which easily expand or flatten in the human body. 

34. (Art. 6.) [Old Art. 7.] The bombardment by aerial forces of 
undefended towns, villages, dwellings and buildings is likewise pro- 
hibited. 

The rules established by the Hague Conventions of October 18, 1907 
concerning sieges and bombardments by land or naval forces, apply to 
aerial warfare. 

35. (Art. 7.) [Old Art. 8.] Only aerostats which are acting clandes- 
tinely or under false pretenses and by thus dissimulating their opera- 
tions are gathering or endeavoring to gather information over the ter- 
ritory or territorial waters of a belligerent, or over the territory occupied 
by its troops or on the high seas over one of its squadrons or warships, 
and generally in the zone of its operations, with the intention of inform- 
ing the enemy, may be treated as being suspected of spying. 

Consequently undisguised soldiers on reconnoitering duty in aerostats 
and individuals sent in aerostats to transmit despatches, and in general 
to keep the different sections of an army or of a territory in communica- 



OFFICIAL DOCUMENTS 155 

tion with each other, are not considered in principle as spies, but must 
if they are captured be treated as prisoners of war. 

36. (Art. 8.) [Old Art. 9.] Public aerostats of a belligerent state, 
which are not military aerostats, are subject to seizure and confiscation. 

37. (Art. 9.) [Old Art. 10.] Private enemy aerostats may be seized 
by a belligerent over its territory or territorial waters, over the territory 
or territorial waters of the enemy, and over the high seas; but upon 
the conclusion of peace they must be restored, without indemnity, to 
the owners. Private freight, even if it belongs to the enemy, which is 
on board these aerostats, is not seizable. 

The preceding provisions in no way modify the right of confiscation 
which belligerents possess by virtue of the rules concerning blockade 
or contraband of war, and generally when private aerostats of the enemy 
engage in hostile acts or are used in military operations. 

38. (Art. 10.) [Old Art. 11.] The validity or non-validity of the ac- 
quisition of neutral nationality by an enemy aerostat depends, in con- 
formity with the provisions of Chapter V of the Declaration of London 
of February 26, 1909, upon the time when and the conditions under 
which it is effected. 

39. (Art. 11.) [Old Art. 18.] Whether an aerostat is neutral or enemy 
is determined by the distinctive mark of the nationality which it has a 
right to have. 

40. (Art. 12.) [Old Art. 15.] When a private enemy aerostat or a 
non-military public aerostat is seized by a belligerent, the captain and 
crew, whether nationals of the enemy state or of a neutral state, are 
not made prisoners of war, but must remain free, under the conditions 
provided in Chapter III of the Hague Convention of October 18, 1907 
relative to certain restrictions on the right of capture in naval warfare. 

41. (Art. 13.) [Old Art. 16.] The destruction of an enemy private 
or public aerostat is permitted as an exceptional measure, only if the 
aerostat is acting as a military aerostat or if it offers resistance to the 
legal right of capture. The destruction of an aerostat can be effected 
only after it has received a special summons. 

42. (Art. 14.) [Old Art. 17.] Belligerents are recognized as possess- 
ing the right to capture enemy private and public aerostats which fall 
upon their territory either by accident or by forced landing. 

43. (Art. 15.) [Old Art. 18.] Private aerostats of one of the belliger- 
ents which upon the outbreak of hostilities happen to be in enemy 
territory and those which left their last port of departure before the 



156 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

beginning of the war and come into enemy territory without knowing 
that hostilities have broken out, cannot be seized under the conditions 
laid down in Art. 9, unless they have been granted a period of grace 
within which to leave, or have not taken advantage of the period of 
grace granted them. A period of grace may not be granted to enemy 
private aerostats whose build indicates that they are intended to be 
converted into war aerostats. 

Enemy private aerostats which have left their last port of departure 
before the outbreak of hostilities and which are encountered in space, 
may be seized like other enemy private aerostats, although unaware 
of the existence of hostilities. 

Non-military public aerostats may have the benefit of the period of 
grace under the same conditions as private aerostats. 

44. (Art. 16.) [Old Art. 19.] Aerostats on scientific or philanthropic 
missions are exempt from seizure, under the conditions mentioned in 
Chapters I and II of the Hague Convention of October 18, 1907 relative 
to certain restrictions upon the exercise of the right of capture in naval 
warfare. 

45. (Art. 17.) [Old Art. 20.] In regard to the treatment of the sick 
and wounded, such of the provisions of the Hague Convention of Oc- 
tober 18, 1907 for the adaptation of the principles of the Geneva Conven- 
tion to naval warfare, should govern as may be applied to aerial warfare. 

The sick and wounded of belligerents left in the territory of a neutral 
state by an aerostat, with the consent of the local authorities, must be 
guarded by the neutral state in such a way as to prevent their taking 
part again in war operations, unless there is a contrary arrangement 
between the neutral state and the belligerents. The hospital and con- 
finement expenses shall be borne by the state to which the sick or 
wounded belong. 

46. (Art. 18.) [Old Art. 21.] An army invading or occupying enemy 
territory may seize aerostats of enemy nationality even if they belong 
to private persons; but in this latter case they must be restored to their 
owners and the indemnity shall be fixed upon the conclusion of peace, 
as is provided in Article 53 of The Hague Regulations of October 18, 
1907 on the laws and customs of land warfare. 

Chapter III. Relations between Neutrals and Belligerents 

47. (Art. 19.) [Old Art. 22.] Military aerostats which enter the 
territory of a neutral state must not remain there more than twenty- 



OFFICIAL DOCUMENTS 157 

four hours, unless they are so damaged or the state of the atmosphere 
is such as to prevent their leaving within that time. 

If aerostats of the two belligerents should happen to be simultaneously 
at the same point in this territory, at least twenty-four hours must elapse 
between the departure of the aerostat of one belligerent and the aero- 
stat of the other. The order of departure is determined by the order 
of arrival, unless the aerostat which arrived first is entitled to an exten- 
sion of the legal period of its stay. 

Belligerent aerostats must do nothing in neutral territory which may 
increase their military strength, and they must in no way prejudice 
the neutral state. They may perform only such acts as are permitted 
by common humanity and which are indispensable for reaching the 
nearest point of their country or of a country allied with them in the 
war. 

In general, it is proper to apply to aerial warfare the principles laid 
down in the Hague Convention of October 18, 1907 concerning the 
rights and duties of neutral Powers in naval warfare. 

48. (Art. 20.) [Old Art. 28.] Aerial navigation by neutral countries 
is prohibited in all parts of the air over belligerent states, as well as 
within a radius of 11,000 meters of their coasts. 

Except in case of force majeure, aerostats which infringe this prohibi- 
tion shall be confiscated, unless it is proved that they have not been 
spying. 

49. (Art. 21.) [Old Art. 24.] Even outside the 11,000 meter radius, 
neutral aerostats may not approach points on these coasts under a 
blockade which is effective beyond this distance. 

Neutral aerostats which happen to be in a blockaded port may not 
leave it. 

The rules promulgated in the Declaration of London of February 26, 
1909, in the matter of blockade, apply to aerial as well as to naval war- 
fare. 

50. (Art. 22.) [Old Art. 25.] Freight which is contraband of war on 
board neutral aerostats, must be confiscated just as when on board 
enemy aerostats. 

51. (Art. 23.) [Old Art. 26.] In determining contraband of war and 
the conditions under which it is proper to proceed to seizure, the rules 
of naval warfare promulgated in Chapter II of the Declaration of Lon- 
don of February 26, 1909 should be applied. 

52. (Art. 24.) [Old Art. 27.] Among conditional contraband articles, 



158 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

which it is proper to declare seizable if they are intended for the use 
of the armed forces or the government of an enemy state, should be 
included aerostats, detached parts as well as accessories, articles and 
materials for use in aerostation. 

53. (Art. 25.) [Old Art. 28.] The provisions of Chapter III of the 
Declaration of London of February 26, 1909, relative to assistance given 
the enemy by neutral vessels, should apply to neutral aerostats. 

Assistance to the enemy is presumed and capture is permitted in 
the case of neutral aerostats navigating over belligerent states. 

54. (Art. 26.) [Old Art. 80.] Neutral aerostats may be destroyed 
under the same conditions as belligerent aerostats. 

55. (Art. 27.) [Old Art. 31.] Belligerents are recognized as possessing 
the right of seizure and of confiscation in the cases and to the extent in 
which it may be exercised by virtue of the preceding articles, even as 
regards neutral aerostats which fall upon their territory either by acci- 
dent or by forced landing. 

56. (Art. 28.) [Old Art. 82.] The subjects of a neutral state, in so 
far as concerns the aerostats which they may possess in the territory 
of belligerents, must be treated like the subjects of the states at war. 

Chapter IV. Aerial Prizes 

57. (Art. 29.) [Old Art. 88.] The trial of aerial prize cases is subject 
to the same rules as the trial of naval prize cases. 

58. (Art. 30.) [Old Art. 84-] If the seizure of an aerostat or of its 
cargo is not confirmed by the court having jurisdiction over prizes, or 
if, without bringing the matter to trial, the seizure is not maintained, 
the interested parties are entitled to damages, provided there were not 
sufficient reasons for seizing the aerostat and its cargo. 

In case an aerostat is destroyed, if the captor does not prove that 
he acted under necessity, as provided in Article 13, he is obliged to in- 
demnify the interested parties, without investigation as to whether the 
capture was valid or not. 

Third Part 

Regulation of Captive Aerostats and Unmanned Traveling Aerostats 

Chapter I. Captive Aerostats 

59. (Art. 1.) Captive aerostats, having in general the nationality 
of the lawful or de facto sovereign of the territory to which they are 



OFFICIAL DOCUMENTS 159 

moored, are, in time of peace as in time of war, subject to the laws and 
the jurisdiction of that territory. 

In exceptional cases, where they have a different nationality, they 
should be subject to the following rules: 

(1) Private aerostats are subject to the laws and jurisdiction of the 
country over which they fly, except in cases of simple breach of disci- 
pline or failure to perform the professional duty of an aeronaut. Public 
aerostats, on the contrary, are subject to the authority of the govern- 
ment to which they belong, unless their commander delivers the delin- 
quents to the local authorities or asks their intervention, or unless the 
security or the fate of the territorial state is involved. 

(2) Acts committed in the car of a captive aerostat flying over the 
high seas or the territorial waters of a state, fall under the jurisdiction 
of the nation to which the aerostat belongs, or to which the vessel, to 
which it is moored, belongs, according as the aerostat is public or private, 
whether the vessel be public or private. 

60. (Art. 2.) In time of peace captive aerostats, which are not na- 
tional military aerostats, may not, without the written permission of 
the military authorities, be moored within 10,000 meters of fortified 
works. 

No captive aerostat, private or public, may be moored within 10,000 
meters of the fortified works of neighboring states, without the written 
permission of these states. 

In time of war captive aerostats of neutrals may not be moored on 
their territory within 10,000 meters of the frontiers of the belligerent 
states; but captive aerostats of belligerents have a right to operate upon 
their own territory on the very border of neutral states. Captive bellig- 
erent aerostats may not be moored upon, or even pass through, the 
territory of a neutral country. 

61. (Art. 3.) Captive aerostats which may break loose shall be 
treated as traveling aerostats. 

Chapter II. Unmanned Traveling Aerostats 

62. (Art. 4.) Unmanned traveling aerostats, which, under the name 
of "experimental balloons" (ballons-sonde) , are used for scientific pur- 
poses exclusively, may navigate freely in all parts of the atmosphere, 
both in time of war and in time of peace. 

These aerostats have attached to their car a plate giving their name, 



160 THE AMERICAN JOURNAL OF INTERNATIONAL LAW 

their domicile, and the address of their owner. They carry on a certain 
part of their envelope a flag of a particular shape which indicates their 
nationality. 

Every state must see to it that its subjects respect experimental 
balloons (ballons-sonde) landing upon their territory or found in the 
sea; that they answer the questionnaire placed in the car; and return 
the balloons without delay to their sender. Customs formalities shall 
be simplified as much as possible in their case. 

It is desirable that states should constitute an international union, 
with an office established at * * * (Strasburg), which shall control 
the use and regulation of experimental balloons (ballons-sonde) and col- 
lect the information which they are sent to gather. 

63. (Art. 5.) If in time of war one of the belligerents makes use of 
traveling unmanned balloons in conducting its operations, they may 
be shot at by the other belligerent in all parts of the atmosphere where 
hostile acts are permitted. 

But, if these aerostats escape the fire of the belligerent troops, neutral 
states over which they may pass have no right to touch them at what- 
ever height they may be. 

In case aerostats of this kind fall on the territory of a neutral state 
or are found in the sea by the subject of a neutral state, the authorities 
of that state must hold them, and any despatches or carrier pigeons 
which they may have on board, until peace is concluded. 



RULES OF PROCEDURE IN AMERICAN-BRITISH CLAIMS ARBITRATION 

Under the provisions of the convention signed at Washington, 
August 18, 1910 

Pursuant to the agreement by the Government of the United States 
and the Government of His Britannic Majesty by an exchange of notes 
dated April 26, 1912, the agents of the respective parties have agreed 
upon the following rules of procedure: 

Chapter I. — Record of Claims and Proceedings 

1. The record of claims and proceedings provided for in Article 5 of 
the special agreement shall consist of a register, a minute book, and such 
other books as the Tribunal may from time to time order.