Therefore from the point of view of the International Air Convention, if Junkers is not a Persian company, the aircraft owned by Junkers cannot be registered as "national aircraft" on the Persian register, nor can Persia reserve to Junkers machines the monopoly within Persia of the carriage of persons and goods for hire. If, on the other hand, the President or chairman of the company, and at least two-thirds of the directors are Persian, then Persia would be within her rights as the aircraft could be regarded as Persian "national aircraft" and appear on the Persian register. This problem has apparently been recognised by those who drafted the agreement, as clause 39 envisages the creation of a company which is clearly intended to be Persian within the definition of Article 7. It is also worth noting that clause 44 provides that the International Air Convention takes precedence over the agreement. Clauses 8 and 27 are of special interest in view of the request of the Junkers Company to be allowed to fly to Baghdad. Clause 8 obliges them to begin the operation of an airmail service on the line from Teheran via Kirmanchah to the Iraq frontier within one month of signature. There is no suitable landing ground in the immediate vicinity of the frontier on the Persian side, and consequently, unless the company can obtain permission to fly to Iraq, it will be necessary to organise a system of transport for the carriage of mails and passengers from the landing ground in Persian territory to the nearest Iraq post office or rail head. Clause 27 obliges Junkers to link their airmail service with a European airmail service within 3 months of signature. This could only be done at Baghdad or Baku. Clauses 31 to 35 state the conditions on which Junkers agrees to place its machines and personnel at the disposal of the Persian Ministry of War in times of war or local crisis. Although clause 36 envisages the founding of a school for Persian pilots and mechanics, Junkers remains a German company with German personnel. By Article 179 of the Treaty of Versailles, Germany agreed "to take appropriate measures to prevent German nationals from leaving her territory to become enrolled in the army, navy or air service of any foreign power…" If German pilots came under the control of the Persian Ministry of War in accordance with clauses 31 to 35, then they would "become enrolled in the ……. air service" of a foreign power. However, it would be difficult to establish that Germany should therefore take steps to prevent Junkers personnel leaving Germany, as clause 33 gives Junkers personnel the option of refusing to serve under the Persian Ministry of War. Article 6 Aircraft possess the nationality of the State on the register of which they are entered in accordance with the provisions of Section 1[c] of Annex A. Article 7 No aircraft shall be entered on the register of one of the contracting States unless it belongs wholly to nationals of such State. No incorporated company can be registered as the owner of an aircraft unless it possess the nationality of the State in which the aircraft is registered unless the President or Chairman of the company and at least two-thirds of the directors possess such nationality, and unless the company fulfills all other conditions which may be prescribed by the laws of the said State. Article 8 An aircraft cannot be validly registered in more than one State.
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