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By Dr. J. F. Lycklama à Nijeholt (auth.)

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Quite another class of examples of restrictions, which are apt to give rise to difficulties, is to be f()und in treaties guaran~ teeing the freedom of eommercial intercourse with a eountry or with some ports. For instanee, the protectorate treaty between France and Annam 1), allows trade with but a few ports of the 1) Treaty of protectorate 6th J une 1884. 55 latter country, but the concession is made in the most general terms j obviously it is meant for foreign trade in its largest sense. Not only the port as a waterway, but all the town is open to that trade and to the establishments it involves.

See Land and Opzoomer 1). By far the greater number of authors. however, prefer the interpretation that the expression "on the land" refers to the airspace. We name: Asser, Scholten, Diephuis, Fockema Andrere, Levy, Cohen Tervaert, Modderman, Jacobson 2). And really there is not much reason to take the expression too literaIly. 3) and according to a government deelaration given during the discussions 4) the artiele is meant to say exactly the same as art. 552 C. N. Moreover, we find in 1) See Appendix B.

Some judgments favour the above mentioned view that the 1) 2) 3) 4) 5) See See See See See Julliot. De 1& propritite du domaine aerien 1909, p. 10. Cirier. Du delit de chasse sur le terrain d 'autrui. 1887, p. 143. Meili. Die Anwendung des Expropriationsrechtes auf die Telephonie 1888. p. 50. Engineering. J une 11 1909. p. 793. The Solicitors' Journal and Weekly Reporter 51, p. 771. 42 landowner has hut a conditional right over the airspace. Here too, the condition is that the use of the airs pace he essential to the use of the soil, so here again we have an affirmation of our assertion that the state rules as high as it thinks necessary.

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