The Law of the Air Three Lectures Delivered in the University of London At the

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A more difficult question arises with reference to the aerial space above the terri- tory and territorial waters of neutrals. If the theory that the air is completely free be adopted, one would necessarily be obliged to admit that the entire aerial space above neutrals should also fall within the field of warlike operations. So, too, if one adopted the view that the territorial state has only a limited zone of protection above its territory or even if the territorial state had only a limited zo...ne of sovereignty, the logical conclusion would be that all the upper strata of the air-space above the neutral's territory should be a legitimate field for the operations of the belligerent Powers. But, so far as I know, all the adherents of the freedom-of-the-air position do not take this last logical step in their argument. They admit that the aerial space above neutrals should not serve as a space for the carrying on of hostilities by the belligerents. This admission on the part of the adherents of the freedom doctrine is a most im- portant one ; and, strictly speaking, I cannot see in principle why they should not also admit the same considerations to apply in times of peace as in times of war.

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