By Dr. J. F. Lycklama à Nijeholt (auth.)
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Comparison with the maritime belt. Similarity between the airspace and the maritime belt exists so far as in both cases there is the riparian country with a very special interest, whereas for the not riparian countries the onlything that matters is surety of internatial traflic. In both cases there is not a shadow of a doubt as to which country is to have authority, if any. Secondly, both airspace and territorial waters are but secondary parts of state territory, never the principal. The great difference, though, lies in the fact that, where the maritime belt is not strictly necessary for the existence of the state, the airspace iso The right of control and of jurisdiction over the territorial waters is, to be sure, highly important for the safety of the state, the right of fishery and of cabotage interesting for its wealth, but these rights cannot be called necessary for its existence.
Court of Heerenveen 24th Jan. 1896 (W. 6780) - indirect decision, namely in conformity with the conclusion ofthe public prosecutor, that upholds the opinion. 1) See for instance Dutch Game Law, art. 26 j Loi sur Ia police de la chasse 3/4 m ai 1844, art. 9. 2) See for all decisions Appendix B. 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.
6468). France. Cour de Douai 11 fevr. 1880. Dalloz 1896. 2. 464. Belgium. Cour d'appel de Gand. 6 dec. 1869. La Belg. judo 1869, p. 1561. And a elose examination of these judgments shows that they are hut poor arguments indeed. Two of them are Dutch ::md, as we have indicated, the Dutch Code was the very one whose terminology was vaguer on this point than that of the other 1) See Bonnefoy, 1. , p. 125. 2) See Engineering J. c. 43 Codes. Then again, one of these two was adecision of the lower judge and was quashed by the court of cassation, and tbe second one being an indirect decision of the court of cassation, has been followed by two judgments of that court in an opposite direction.