English Politics. The crisis and the nation. J. L. Garvin. Fort. Rev. English Politics. Democracy and the crisis. Sidney Brooks. Fort Rev. English Politics. The British election. Britannicus. N. Amer. Rev. Jan. English Politics La situation politique en Angleterre. Paul Villars. Ques- France. Radical Democracy in France. IV. W. M. Sloane. Pol. Sci. Quar. Germany. The German crisis. Peregrinus. Contemporary Rev. Nov., 1910. Home Rule. Home rule: A live issue. An Outsider. Fort. Rev. Dec., 1910. tions Diplomatiques et coloniales. 16 Octobre. Insurance. The problem of sick and accident insurance in Switzerland. O. H. Ireland. Nationalism in Ireland. II. Col. Henry Pilkington, C. B. Contem- Proportional Representation. Ein proportionalwahlvorschlag mit Rangord- Socialism. The new socialism. James Boyle. Forum. Dec. Socialism. Socialistic tendencies in England. George Bourne. Forum. Jan. Suffrage. The right to vote. A. B. Wallis Chapman. Westminster Rev. Dec. Woman Suffrage. The government and women's suffrage. Teresa Billing- Woman Suffrage. Is woman suffrage important? Max Eastman. N. Amer- Woman Suffrage. Votes for women in England. Archibald Henderson. For- Woman Suffrage. The enfranchisement of women. H. B. Matthews. West- Oct. As a legal concept jurisdiction may be considered the right to exercise state authority. Story says that it may be "laid down as a general proposition that all persons and property within the territorial jurisdiction of a sovereign are amenable to the jurisdiction of himself or his courts; and that the exceptions to this rule are such only as by common usage and public policy have been allowed, in order to preserve the peace and harmony of nations, and to regulate their intercourse in a manner best suited to their dignity and rights." (Santissima Trinidad 7 Wheat. 354) It is fully recognized that all land and the marginal sea, to a distance of a marine league at least, is subject to territorial jurisdiction and that the open sea is not within the jurisdiction of any state though vessels sailing upon such seas are within the jurisdiction of the state whose flag they rightfully fly. As Story says exceptions to this rule of exclusive jurisdiction are such "as by common usage and public policy have been allowed, in order to preserve the peace and harmony of nations, and to regulate their intercourse, in a manner best suited to their dignity and rights." 1A paper read before the American Political Science Association at St. Louis, December, 1910. The rights of the owner of land in the atmosphere above the land are stated in the codes of various states and in decisions of courts. Some of these rights were recognized in ancient times when the principle of state authority was not so fully developed. Individuals building out into the sea or up into the air were secured in exclusive enjoyment of the space actually occupied (D. 1. 8. 6.). At the present time the old maxim cujus est solum ejus est usque ad coelum is subordinated to the paramount public interests as is shown in many domestic cases involving trespass, damages, nuisance, public well being, etc. The Japanese Civil Code provides, "207. The ownership of land, subject to restrictions imposed by law or regulations, extends above and below the surface." (Löwholm Translation). Other codes have provisions to somewhat similar effect. (Code Civil Suisse, Art. 667; Dutch, Art. 626; Spanish, Art. 350; Austrian, sec. 297; Hungarian, Sec. 569; Italian, Art. 440; Portuguese, Art. 2288; German, Arts. 905, 906.) While the rights of private persons in the air have received considerable definition, aerial jurisdiction and the right of state as against state have only recently become of such important practical significance as to attract international attention. The opening words of M. Millerand, the French Minister of Public Works on May 18, 1910, at the International Conference upon Aerial Navigation, show the rapidity of change in subjects which engage international conferences. He said, "Messieurs, Huit mois ne se sont pas écoulés depuis que j'avais l'honneur, ici même, de clôturer les travaux de la première Conférence internationale sur la circulation des automobiles, et je prends aujourd'hui la parole pour souhaiter la bienvenue, au nom du Gouvernement de la République, aux members éminents de la premiére Conférence internationale de navigation aérienne" (37 Clunet. J. D. I. P. 987). The French Government presented to this conference a series of propositions as bases for discussion. These prescribed the method of determining the nationality and identity of the airship, for licensing aerial pilots, for general prohibition of the carriage of arms, explosives, photographic and radiotelegraphic apparatus, for general liability to local authorities, that military and police airships could cross the frontier only after permission and that other public airships should be assimilated to private airships though no airship should enjoy exterritoriality. The problems before this conference were not settled and adjournment was taken to November 1910, but at this time some powers were unwilling to participate and adjournment sine die took place. The propositions which had been presented to the Institute of International Law in April 1910 were also placed before this Conference. That of M. Fauchille said "Art. 7. La circulation aérienne est libre. Neanmoins les États sousjacents gardent les droits nécessaires à leur conservation, c'est-a-dire à leur propre sécurité et a celle des personnes et des biens de leurs habitants." He also proposed in regard to airships that they be divided into public and private and the public, airships might be military or civil. Each should have a nationality and identity which should be made known. Airships might be excluded from certain zones as from that of regions of fortifications which regions should be made known. Navigation of the air above unoccupied territory and above the open sea was to be free. In international navigation, dangerous articles and prohibited goods were not to be carried on airships. Acts on board the airship were to be within the jurisdiction of the state to which the airship belonged; while acts taking effect outside the airship are under jurisdiction of the state within which the airship may be when the act takes place. Public airships would so far as possible be exempt from local jurisdiction. (17 R. D. I. P. 163 Mars-Avril 1910) M. von Bar submitted a proposition to the Institute which also came before the Conference. He considered airships under jurisdiction of their own state so long as they remained in the air, though liable to the territorial law for any act that might take effect outside the airship. When it is not clear whether the act is criminal or civil the law of the state of the airship prevails. The propositions of MM. Fauchille and von |