883.7961/37
The Minister in Egypt ( Fish ) to the Secretary of State
[Received July 3.]
Sir: In continuation of the Legation’s despatch No. 76 of May 12, 1934,1 I have the honor to report that I learn confidentially that Abdel Hamid Badawi Pasha, the Director of the State Legal Department (“Bureau des Contentieux”), told Judge Vaux, President of the Mixed Court of Appeals, on June 2nd that the Egyptian Government was not prepared to accept the provision in Article 1 of the proposed new Aviation Law, which now reads:
“The State exercises the same sovereignty over the atmospheric space as over its territory.”
This provision had been worded in this way and had been approved by the General Assembly of the Mixed Courts, chiefly, it is believed, upon the recommendation of Judge Brinton, so as to assimilate the air over Egyptian territory to the land in so far as capitulatory rights were concerned.
The refusal to agree to it would therefore seem to be an indication that the Egyptian Government will not recognize any capitulatory rights and privileges to “freedom of circulation” when applied to aerial navigation over Egyptian territory.
As Judge Brinton informs the Legation that the General Assembly will probably not re-examine the Aviation Law until after the summer holidays, the Department may perhaps wish to communicate to the Legation—for such use as may discreetly be made of them—its own views on the subject. According to Badawi Pasha the Egyptian Parliament will probably authorize the government to negotiate directly with the Powers regarding capitulatory rights in the air, and [Page 752] in the meantime the General Assembly will be requested to approve the proposed law without the clause in question.
Respectfully yours,
- Not printed.↩