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 The Freedom of the Air principle, which he advocated in it, into the code which he presented to the Institute of International Law the fol lowing year. The second plan was suggested as a compromise by John Westlake in the session of the Institute of International Law in 1906 when the subject of wireless telegraphy was under discussion. It has proved the most popular theory of any of those proposed, whether based upon freedom or juris diction, and practically the phrasing of the statement voted, 14 to 9, by the Institute in 1906 was selected to rep resent the basic idea adopted by the International Juridic Committee on Aviation for the code which it is elab orating. The idea of the territorial zone has met with considerable support, but those who accept the condition have not been agreed as to the extent of the zone itself. Fauchille himself started out by awarding the state jurisdiction up to a height of 1500 metres (1635 yards) and ended by agreeing with Capt. E. Ferber that a jurisdiction to the height of 500 metres (545 yards) was sufficient. Later, when the question was before the International Juridic Committee he was apparently willing to give up his contention in favor of the second solution based on a thesis of air-freedom. Fauchille writes:' Considering that aerial espionage is the greatest danger against which states should be guarded and that especially it may be realized by photography, which, applied to defensive works, at that time was serviceable up to 1500 metres, we should have forbidden the circula tion of aerostats below that height. This opin ion ought to be abandoned from this time forth, and for two reasons. The dirigibility of balloons, which in 1901 was only a hope, has become a reality, and for several years aeroplanes have taken their place in aerial navigation; for ex perience has shown that a mean altitude of 1500 • Revue juridique, January. 1910, Vol. I, 14.

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metres will be excessive for dirigibles as well as for aeroplanes. On the other hand, aeronautic photography has made such progress in these later years that one can now take pictures easily well above 1500 metres, and at much greater heights over defensive works. But, this being so, how shall the states protect themselves against aerial photography? The only method is to prohibit balloons and aeroplanes, unless by special authorization, from carrying photo graphic apparatus into the air.

Having renunciated his former theory, Mr. Fauchille adopts the lesser zone which the late Captain Ferber thought sufficient:4 It is important that the population of a state should be guaranteed against their indiscretions and the noise of their motors: it is therefore an altitude of 500 metres that should be fixed for them. It is this which Captain Ferber pro poses, and it does not seem at all exaggerated.

A note adds : He, (Ferber) writes as follows in his book L'Aviation, de crete i) crete, de ville d mile, de continent ii continent, page 153: "The atmos phere will be free except for a zone called terri torial, immediately above the ground. A learned congress of diplomats will fix its height. We hope that they will not make it too high. . . . Five hundred metres seems sufficient to us."

Mr. Fauchille as the foremost ex ponent of the air-freedom theory not only enunciated it first but has led in revising it. His most recent available pronouncements on the territorial zone idea are dated January, 1910, and March 28 -April 2, 1910. The former is an article, La circulation aerienne et les droits des Etats en temps de paix, pub lished in La Revue generate de droit international public, 1910, page 55, and in La Revue juridique internationale de la Locomotion Aerienne, page 9, and the latter is his report on the Juridic Regime of Aerostats (a word which he uses in its largest sense as including all aerial vehicles) to the Institute of Inter*Ibid., page 14-15.