By Dr. J. F. Lycklama à Nijeholt (auth.)
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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.
Wherever we inquired, in national or in foreign law, we always found so me rules comprising, more or less clearly, interests in high er spheres, and we found that the opinion of lawyers, writers and judges almost unanimously sustain our theory. We are confident the summary of the result of this inquiry will give others the same conviction, that the sovereign state has never felt bound to limit itself to any height. 3 34 A. Extent of Land-property. First of all, we want to refer to the rules of civil law concerning the extent of land-property.
First of aH, the imperative interest the state has in an that is going on above its territory, since any object being there and being heavier than the air 48 is subject to the never ceasing law of gravitation, and extremely likely to fall on the underlying earth the moment it stops being kept up artificially at whatever altitude this may be. Meili tbinks this danger of injury by means of objects dropped from above insufficient to make sovereignty necessary, though he only gives the not too convincing argument: "Indeed, one may not make aerial navigation impossible" 1).
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)