Paris Peace Conf. 180.03201/9

FM-9

Secretary's Notes of a Conversation of the Foreign Ministers, Held in M. Pichon's Room at the Quai d'Orsay, Paris, on Saturday, April 26th, 1919, at 3 p. m.

[1.] M. PICHON, having declared the Meeting open, said that the first item on the Agenda paper related to the right of aerial transit

Clauses Relating to the Right of Aerial Transit Over Enemy Territory After the Conclusion of Peace

over enemy territory after the conclusion of Peace. The question had come under discussion at the last meeting of the Council of Foreign Ministers (I. C. 176), and the draft articles for insertion in the Peace Treaty with the omission of the second sentence in Article 3 had been adopted, subject to the agreement of Mr. Lansing.

1FM-8, p. 602.

MR. LANSING said that his chief objection to the proposed articles was that there was no reciprocity about them; Germany was given no rights and it appeared as though the Allied Governments were trying to suppress all economic aerial activity on her part. He thought this was an unfair attitude to assume, and he did not see why Germany was not given the right to pass through the air of other countries when the Allies reserved for themselves full powers to use the air routes of Germany.

M. PICHON invited attention to Clause 5 of the draft Articles under consideration which read as follows:-"As regards internal commercial air traffic, the aircraft of the Allied and Associated States shall enjoy through Germany, treatment according [accorded] to aircraft of the most favoured nation".

CAPT. ROPER explained that the Aeronautical Commission in drafting these regulations had not intended to suppress Germany's commercial aerial activity. Indeed, that was not a question which the Commission could have dealt with, as it constituted a political matter which fell outside its functions. The Commission had originally intended to put a stop to all German aerial activity, but the Supreme Council had disapproved of any such arrangement. The object the Commission had kept in view in drafting the Articles under consideration had not been to interfere with Germany's freedom of the air; but to prevent her from interfering with the free passage of Allied and Associated aircraft over German territory.

LORD HARDINGE explained that from a military point of view it was realised that aeroplanes used for commercial purposes could easily be converted to warlike purposes. He invited attention, however, to Clause 7 of the draft articles, wherein it was clearly laid down that as soon as Germany entered the League of Nations she would obtain the same facilities as were at present claimed by the Allied and Associated Powers.

M. PICHON added that under Article 7, Germany could also at any moment ask to adhere to the Convention relating to International Air Navigation, and she would thereby obtain the facilities now claimed by the Allied and Associated Governments.

MR. LANSING pointed out that the Convention relating to International Air Navigation made no provision for a former enemy country to become a party to that Convention. In this connection he invited attention to Article 40 of the Convention.

CAPT. ROPER explained that that Inter-Allied Aeronautical Commission in drafting these articles had confined itself to aeronautical matters. It could not take cognisance of political matters. The Commission had provided for the participation of neutral countries in the Convention: but the question as to whether enemy countries should also be permitted to adhere to the Convention was a political matter

and consequently the Commission did not feel authorised to determine the conditions under which enemy countries could become parties to the Convention.

MR. LANSING said that the fact remained that no provision had been made for Germany to become a party to the Convention.

M. PICHON pointed out that it would be difficult to make provisions to cover every possible case; but it had been clearly stated in the draft articles under consideration that with the consent of the Allied and Associated States, Germany would be permitted to adhere to the Convention.

MR. LANSING thought that this regulation by itself would not suffice unless a similar provision were entered in the Convention relating to Air Navigation.

M. PICHON pointed out that Germany would also be entitled to adhere to the Convention as soon as she gained admittance to the League of Nations.

MR. LANSING inquired what would happen if Germany never joined the League of Nations.

M. PICHON thought that she would in that case hardly be qualified to be a party to the Convention.

MR. LANSING said that the crux of the whole matter lay in the fact that Germany would not be entitled to participate in the Convention until she became a member of the League of Nations, and her entry into the latter would depend upon the assent of her economic rivals, who would necessarily be opposed to her obtaining any aerial commercial privileges.

CAPTAIN ROPER thought that some confusion appeared to exist between the Articles for insertion in the Treaty of Peace, submitted by the Inter-Allied Aeronautical Commission, and the Convention relating to International Air navigation. The latter Convention merely dealt with the regulation of air traffic. Neutrals were entitled to adhere to that Convention by a simple declaration of their intention to do so; but enemy countries could only be admitted with the consent of the Allied and Associated Governments. The Inter-Allied Aeronautical Commission had attempted to draft certain regulations to cover the. period between the signature of the Treaty of Peace and Germany's adhesion to the international air navigation Convention. During that period it was essential that the Allied and Associated Governments should have the free use of the air routes across Germany without any possibility of interference by the enemy countries. Accordingly, the Aeronautical Commission in the first place, submitted to the Supreme Council a recommendation to that effect. Subsequently, under instructions from the Supreme Council, that recommendation had been put into the form of the seven Articles for insertion in the Treaty of Peace, which were now under consideration. He would point out,

however, that the seven Articles in question were intended to deal merely with the intermediary period above-mentioned.

MR. LANSING maintained that no method had been established whereby Germany could become a party to the air navigation Convention.

CAPTAIN ROPER replied that in accordance with draft Article 7, Germany could become a party to the Convention either by gaining admittance to the League of Nations, or by making a demand to adhere to the Convention.

MR. LANSING enquired why Allied aircraft should not be permitted to participate in commercial enterprises in Germany.

CAPTAIN ROPER drew attention to Article 5, wherein it was clearly stated that:

"As regards internal commercial air traffic, the aircraft of the Allied and Associated States shall enjoy throughout Germany treatment according [accorded] to aircraft of the most favoured nation".

He thought that Article covered the particular point raised by Mr. Lansing.

MR. LANSING held that the words "in transit" should specifically be mentioned.

MR. PICHON thought that the words "internal air traffic. . throughout Germany" would be interpreted to mean "in transit".

MR. LANSING expressed the view that Article 5 would give tremendous opportunities for smuggling.

CAPTAIN ROPER thought that the same objection would apply to Allied aircraft flying from one Allied country to another in transit through a third Allied country.

MR. LANSING disagreed and pointed out that in accordance with the Convention the Allied Powers had a right to signal to Allied craft to land; whilst Germany would have no such power.

CAPTAIN TINDAL ATKINSON asked permission to make certain explanations in regard to the draft Articles under consideration.

The first Article was intended to deal with aircraft entering Germany from foreign countries and calling at two or more places. All such aircraft would be under the type of control that Germany might wish to impose on its own aircraft.

Article 2 had been inserted not so much with the object of securing to the Allied and Associated States the right of flying about over Germany, without reciprocity, as to obtain free transit through Germany to eastern countries, such as Poland, Czecho Slovakia, and

so on.

Article 5 had been drawn up to meet a special case. In accordance with the International Air Navigation Convention, any country could reserve to itself the right of traffic between two national aerodromes.

The regulations contained in Article 5 were extremely moderate. The Allied and Associated States thereby merely claimed that their aircraft should enjoy throughout Germany the privileges accorded to aircraft of the most favoured nation in regard to internal commercial air traffic while leaving to Germany the right of "cabotage". He thought Mr. Lansing's objection in regard to the control of aircraft in transit over Germany was fully met by inference in Article 1. In his opinion, it would be impossible, without reproducing all the Articles of the International Air Navigation Convention, to cover all matters, and in the draft Articles under consideration an attempt had merely been made to cover the principal points.

MR. LANSING enquired whether the draft Articles for insertion in the Treaty of Peace were to be imposed for purely military or for economic purposes.

CAPTAIN TINDAL ATKINSON said he would explain the reason for the exclusion of Germany from the Convention. The Aeronautical Commission had originally passed a Resolution to the effect that owing to the great danger due to the facility of converting commercial craft into military craft, the use of aircraft in Germany for a given period should be entirely suppressed. That proposal had been rejected by the Supreme Allied Council. Consequently, in order to keep some control over German aircraft activity for a period of time, the exclusion of Germany from the Convention had been contemplated by the inclusion of Article 40 of the Convention. He admitted that the Article in question would have the effect of placing Germany into a ringed fence. That is to say, she would not be able to fly outside her own frontiers. But he maintained that this Article had been inserted not with any object of obtaining economic profit for the Allied and Associated Governments, but with the object of securing free transit across Germany, which, in his opinion, constituted a far more valuable asset.

M. PICHON inquired whether Mr. Lansing had any formal objection to offer to the draft Articles as they now stood.

MR. LANSING replied that he seriously objected to Article 7, namely:

"The obligations imposed by these clauses shall continue until such time as Germany is admitted either to the League of Nations or by consent of the Allied and Associated States is permitted to adhere to the Convention relating to International Air Navigation made by the latter States."

Furthermore, under the draft Articles, Germany would be compelled to allow all aircraft to fly freely across Germany. On the other hand, she would have no power over such aircraft whilst in German air and she could not signal to Allied machines to land. In his opinion, this

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