The general drift of opinion is toward the recognition that the right of aërial dominion is coterminous with the territorial jurisdiction of a state, and that to the extent a state is able to enforce its jurisdiction within such area it must be recognized, provided it is not an infringement of the rights of other states.27 27 See 2 Holtzendorff, Handbuch, § 46; 1 Rivier, Droit de Gens, p. 140; 1 Nys, Droit Int p. 523; 4 A. J. I. L. Baldwin, Law of the Air Ship, p. 95; Id., Kuhn, Beginnings of an Aërial Law, p. 108. Maritime and Fluvial Jurisdiction-Marginal Seas. Gulfs and Bays. Inland Seas and Lakes. 35. 36. 37. 38. 39. 40. Navigation. Rivers. 31. Jurisdiction, the right to exercise state authority, extends in general to all persons and things within the boundaries of the state, and, conditioned by the rights of other states, to the property and subjects of the state beyond its boundaries.1 Jurisdiction, the right to exercise state authority, may have its basis in property right, in the right of domain, or in political 1 Mr. Justice Story said in 1822: "It may therefore be justly 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 relationship, and may extend where property or domain does not exist. In general, jurisdiction may be classified as (a) jurisdiction over territory and property; (b) maritime and fluvial jurisdiction; (c) aërial jurisdiction; and (d) jurisdiction over persons. JURISDICTION OVER TERRITORY AND PROPERTY -GENERAL. 32. As a general principle the jurisdiction of a state is exclusive over its own land area, and over all property within its boundaries, and over its own and the property of its nationals which is not within the boundaries of another state. Chief Justice Marshall in 1812 said: "The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its own sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restrictions. "All exceptions, therefore, to the full and complete power of a nation within its own territories, must be traced up to the consent of the nation itself. They can flow from no other legitimate source. "This consent may be either expressed or implied. In the latter case, it is less determinate, exposed more to the uncertainties of construction, but, if understood, not less obligatory." 2 As against all other states, a state is regarded as proprietor of the land within its boundaries. A state may not exercise any act of state authority upon the land of a foreign sovereign without permission; e. g., may not march troops upon foreign land even in time of peace: A state has exclusive jurisdiction over its property and the dignity and rights." The Santissima Trinidad, 7 Wheat. 283, 5 L. Ed. 454. 2 Schooner Exchange v. McFaddon, 7 Cranch, 116, 3 L. Ed. 287. property of its subjects outside the boundaries of any other state. This jurisdiction extends over property throughout its own domain and throughout the extent of space which is within the dominion of no state, as on the high seas for property under its own flag. This jurisdiction over property extends to patents, copyrights, etc., which may be made the subject of international agreement. The jurisdiction over property and territory implies the right to protect territory and property by such means as may be necessary. SAME JOINT JURISDICTION. 33. In recent years joint jurisdiction has been in certain instances exercised by two or more states in the same area in accord with conventional agreements. The exercise of joint jurisdiction-condominium-does not necessarily imply the possession of sovereignty by those states exercising jurisdiction. The local state possessing sovereignty may or may not itself be a party to the agreement. The authority exercised is specified in the agreement, and an obligation corresponding to the right is generally assumed, unlike the usual practice in case of assumption of a sphere of influence. The condominium would naturally be based on conventional agreement, in order that there might not be conflict of jurisdiction. The exercise of power may cease with the joint sanction of the appointment of an official to represent the states in all matters, or the jurisdiction over specified matters may be retained by each state. By a general act, concluded by the United States, Germany, and Great Britain in 1889, and remaining in force till 1899, article I: "It is declared that the Islands of Samoa are neutral territory in which the citizens and subjects of the three signatory powers have equal rights of residence, trade and personal protection. The three powers recognize the independence of the Samoan government and the free right of the natives to elect their chief or king and choose their form of government ac cording to their own laws and customs. Neither of the powers shall exercise any separate control over the islands or the government thereof. "It is further declared, with a view to the prompt restoration of peace and good order in the said islands, and in view of the difficulties which would surround an election in the present disordered condition of their government, that Malietoa Laupepa, who was formerly made and appointed king on the 12th day of July, 1881, and was so recognized by the three powers, shall again be so recognized hereafter in the exercise of such authority, unless the three powers shall by common accord otherwise declare; and his successor shall be duly elected according to the laws and customs of Samoa." This general act provides for the establishment of a “Supreme Court of Justice for Samoa," with extended powers for taxation and other matters of administration. By an agreement of January 19, 1899 between Great Britain and Egypt as to the condominium over Soudan: "II. The British and Egyptian flags shall be used together on land and water throughout the Soudan. * * * "III. The supreme military and civil command in the Soudan shall be vested in one officer, termed the 'Governor General of the Soudan.' He shall be appointed by Khedviral decree on the recommendation of Her Britannic Majesty's government.” 3 The Convention of October 20, 1906 between Great Britain and France concerning the New Hebrides is one of the most detailed statements as to the exercise of joint jurisdiction. The general provisions state: "Article I. Status-1. The group of the New Hebrides, including the Banks and Torres Islands, shall form a region of joint influence, in which the subjects and citizens of the two signatory powers shall enjoy equal rights of residence, personal protection, and trade, each of the two powers retaining jurisdiction over its subjects or citizens, and neither exercising a separate control over the group. "2. The subjects or citizens of other powers shall enjoy the same rights and shall be subject to the same obligations as British subjects or French citizens. They must choose within 8 19 Br. and For. State Papers, 119. |