I should be pleased to have the Department’s instructions before
again approaching the Netherlands Government on this subject. It
will be seen from the enclosed Note that the Netherlands authorities
are not prepared to agree without bargaining and take the position
that in granting free aerial traffic over Surinam and Curacao
something would be given for which nothing is being received in
return.
Obviously they are most anxious to have the Philippines included in
the wording of the new Article. As Jonkheer de Graeff says in his
Note, the proposed limitation of free operation of Netherlands
commercial aircraft in the Philippines is not of theoretical
importance. It may be said in this connection that the Netherlands
are going in for commercial aviation on a large scale. The success
of the Dutch flyers in the London to Melbourne air race has given
great encouragement and stimulus to their plans. It is now stated
reliably here in The Hague that commercial air routes will be
established eventually not only to cover all the trade routes of the
Far East but perhaps also in the West Indies. A Dutch plane will fly
with Christmas mail to Surinam and Curacao.
I realize that our various conventions for aerial navigation are
based on questions of general policy which cannot very well be
departed from in special instances. However, I wish to point out the
possibility that the Netherlands authorities might be satisfied, in
so far as the Philippines and Hawaiian Islands are concerned, if
they were given to understand that they would be allowed to fly
commercial airplanes in the Philippines and Hawaii provided they did
so along certain defined routes and under the provisions of a strict
agreement, such as the one between Pan-American Airways and the
Government of Venezuela, which has worked very successfully.
This suggestion is made without any knowledge as to what actually
would be the attitude of the Netherlands authorities. I will not
discuss the matter with them for the time being and until I receive
further instructions from the Department.
[Enclosure]
The Netherland Minister for Foreign
Affairs (De
Graeff) to the
American Chargé (Wilson)
No. 34973
The
Hague, November 20, 1934.
Mr. Chargé d’Affaires: With reference
to the Note of His Excellency Mr. Emmet, No. 52, of August 3rd,
last,23
concerning the eventual modification of the Air Navigation
Convention concluded between the Netherlands and the United
States of America on November 16, 1932, I have the honor to
inform you as follows:
In the first place, Mr. Emmet was good enough to inform me that
he has the impression that the American Government’s proposal
tending to modify in a limiting sense Article I of the
Convention, is considered as being acceptable in principle;
probably a misunderstanding here prevails, as thus far the
Government has not expressed its opinion on this question.
By virtue of the new text of Article I, proposed in the
above-mentioned Note, the Air Navigation Convention would apply
to the United States on the one hand, as well as to Alaska,
Puerto Rico, the Virgin Islands and American Samoa; on the
other, to the Netherlands as well as to Surinam and Curacao.
According to this text it follows that your Government is of the
opinion that the Philippines, the Islands of Hawaii and the
Panama Canal Zone, as well as the Netherland Indies ought to be
excluded from the operation of the Convention. The aforesaid
Note does not make mention of either Guam or the Aleutian
Islands. However, His Excellency Mr. Swenson, in his Note
[Page 640]
No. 294, of November
22, 1933,24 observed that those
territories ought to be considered as prohibited zones, as
provided in Article 4 of the Convention, flight over which being
subject to previous authorization. In view of the foregoing, I
would appreciate your informing me of the American Government’s
intention in this respect. I further take the liberty to add
that the above-mentioned Note of Mr. Emmet does not contain any
reasons which might render the restriction of the operation of
the Convention concluded acceptable. On this point, the
Government of the United States has merely communicated (see Mr.
Swenson’s Note No. 279 of September 20, 193325) that it had opened
negotiations with other Powers for the effecting of Air
Navigation Conventions, bearing a similar restriction. The
American Government perhaps overlooks the fact that the Bill
approving the Convention concluded in 1932 has already been
voted upon by the “Volksraad” in the Netherland Indies, the
result of which is that the Netherland Government, assuming that
the latter is disposed to render its cooperation for the
proposed amendment, would have to give reasons for the new
course of affairs by efficacious arguments. From the foregoing
it follows that the Netherland Government would highly
appreciate it if the American Government would be willing to
inform the latter of the plausible reasons for the proposal
tending to limit the operation of the Convention concluded.
However, apart from the foregoing, I am taking the liberty of
pointing out that, in general, Her Majesty’s Government has very
serious objections to such limitation. According to the proposal
of the Government of the United States, the route by the
Netherland planes to the Philippines and the Hawaiian Islands
would be prohibited, the result of which would be that the
Netherlands Government would have to follow the same line of
conduct, concerning the route to be taken by American airplanes
to the Netherland Indies. In fact, this latter prohibition is
proposed by your Government. However, this line of conduct is
entirely contrary to the efforts of the Netherlands Government,
tending to favor, as far as possible, free aerial navigation;
for this reason, it collaborated, with so much satisfaction, to
the conclusion of the Convention of 1932.
Moreover, these efforts were made clear, especially as regards
the Government of the United States, first by the facilities
granted to the Company “Pan American Airways” at Surinam and at
Curacao, and later by the free traffic accorded in the Kingdom
in Europe to American airplanes, pending the coming into force
of the Convention subject to ratification by the
Netherlands.
[Page 641]
I am anxious to point out to your kind attention that the
proposed limitation of the operation of the Convention is by no
means of exclusively theoretical importance, in view of the fact
that in the future the possibility of aerial traffic between the
Netherland Indies and the Philippine Islands is not at all
improbable.
However, Her Majesty’s Government does not lose sight of the fact
that, if the limitary text of Article I is acceptable to the
Netherlands, your Government is disposed to insert a new Article
16 in the Convention.
It goes without saying that the Netherlands Government would not
fail to apply the Convention equally to the Netherland Indies as
soon as the American Government would act likewise concerning
the Philippines and the Hawaiian Islands.
As to the Panama Canal Zone, the Government is of the opinion
that the latter could eventually be designated as prohibited
zone according to the interpretation of Article 4.
Nevertheless, with respect to Article 16 above-mentioned, Mr.
Emmet adds the following:
“It is hoped that negotiations may be undertaken in the
future for the extension of the Agreement to other
territories …”26
I would highly appreciate your informing me in due course as to
the intention of your Government in this matter and notably if,
in fact, the latter agrees to proceed, as soon as possible, to
negotiations on the extension of the Convention to the
territories actually excluded.
I avail myself [etc.]
