2126 NOBTH ATLANTIC COAST FISHEEIBS ARBITRATION. 



Despagnet : 



"These (international servitudes) consist essentially in a limitation 

 affecting the internal or external sovereignty of a State, which is con- 

 strained not to do, or to allow another State to do for its benefit, that 

 which it could normally accomplish or prevent." 



Diena : 



"A State obligates itself to allow another State to perform 



certain acts on its own territory which it might prevent, or else it 

 obligates itself to abstain from doing certain acts which it would 

 have a right to perform; such restrictions, when they are of a per- 

 manent character, give rise to the so-called international servitudes." 



Fabre : 



" From a juridical point of view it matters little whether the servi- 

 tudes burden the State or the territory ; they are all real rights, those 

 burdening the State effecting a diminution of ruling and juridical 

 right, and those burden the territory effecting a diminution of the 

 right of exclusive use over the territory." 



Fiore 



"An international servitude consists in a territorial right consti- 

 tuted in favor of one State upon the territory of another State." 



Hall: 



" Servitudes are ' derogations from the full enforcement of sov- 

 ereignty over parts of the national territory.' " 



Hartmann : 



" If the territorial sovereignty of a State is so permanently limited 

 for the benefit of another State that the international personality of 

 the limited State is not destroyed, there arises an international servi- 

 tude." 



Heffter: 



" The servitudes here discussed have for their exclusive object sov- 

 ereign rights or royal prerogatives and generally the public do- 

 main 



" The effects of public servitudes consist sometimes in investing a 

 foreign State with the enjoyment of certain sovereign rights within 

 a territory ; at other times in forbidding it the exercise of a like right 

 upon its own territory." 



Heilborn : 



" International jura in re aliena exist when one nation has a right 

 to require all other nations to refrain from certain acts on foreign 

 territory." 



Hollatz : 



" State servitude is a real limitation of foreign territorial sov- 

 ereignty." 



