Page 82
Page 82
SECRET.
Report.
The International Conference, 1910.
IN order to explain the present position as regards the control of aircraft, it is necessary to refer to the difficulties which arose at the International Conference on Aerial Navigation in 1910.
2. The events which occurred at the International Conference are summarised in a Note by the Secretary (see Appendix I of the Report and Proceedings* of the present Sub-Committee), and are probably fresh in the memory of members of the Committee of Imperial Defence. For the purposes of this Report, it is sufficient to mention that there was a very sharp cleavage of opinion among the delegates of the nations represented at the Conference on the fundamental question of sovereignty over the air, which eventually resulted in the adjournment of the Conference sine die.
3. The view with which the British Government was prominently associated was that the sovereignty over the soil extends to the air above it, while the theory advanced by the German delegates, and espoused by certain other nations, was that the air is free to all. Technically, the Conference broke down on points of detail concerning the rules for the admission of foreign aircraft, but practically the failure to arrive at an agreement was due to the difference of opinion on the question of principle.
4. The British view was asserted at the outset of the Conference in a Memorandum printed in the Exposé des vues des Puissances," which was circulated to the delegates before the International Conference in the following terms: No regulations should be framed which in any way exclude or limit
·
the right of any State to prescribe the conditions under which the air above its territory should be navigated." This view was repeated, and the arguments in support of it were developed in a Memorandum prepared by the Foreign Office for the use of His Majesty's representatives in certain countries which took part in the Conference (Appendix V (2) to C.I.D. Paper 137-B), and this latter Memorandum received the approval of the Standing Sub-Committee of the Committee of Imperial Defence at a meeting held on the 29th July, 1910.
The Aerial Navigation (Draft) Bill, 1910.
5. After the adjournment of the International Conference it was felt by all who had been concerned in the question that the time had come to give expression in the form of legislation to the principles which this country had asserted. This was required to give precision to our proposals; to strengthen the hands of the British delegates in the event of a renewal of the International Conference by demonstrating to other nations our unalterable_resolution to adhere to the principles we had maintained at the Conference; and to induce some of the smaller nations, which though in sympathy with our view were subjected to pressure to adopt the "freedom of the air" principle, to follow our example. Although legislation was desired both for the above reasons and because it was recognised that control over aircraft was becoming necessary in the interests of national defence, it was felt that even to have ready the draft of a Bill would be an advantage, as it could be cited in diplomatic communications as an earnest of the intention of the Government to put our principles into practice as soon as the necessity arose.
* Printed separately.
[200]
Page 82
Page 82
1
Page 82