ARGUMENT OF ELIHU BOOT. 2127 



Holtzendorff : 



"An international servitude exists when the rights of territorial 

 sovereignty of a sovereign nation are permanently restricted in favor 

 of one or more other nations so that otherwise permissible acts of 

 governmental control .... become impermissible within the ser- 

 vient territory, or otherwise impermissible acts of control by a for- 

 eign government become permissible." 



1286 Kliiber: 



"A public servitude is ' a right founded upon a special title 

 which restrains .... the liberty of another State.'" 



Lomonaco : 



A servitude is a "conventional restriction placed upon the sov- 

 ereignty of one nation in favor of another." 



G. F. de Martens: 



A servitude of public international law is " a perfect right within 

 the territory of another by virtue of which the latter obligates itself 

 to do, to tolerate, or to refrain from doing for the advantage of the 

 other State, that which it would not naturally be bound to do, and 

 which it cannot ask in return." 



Neumann : 



" State servitudes are limitations of the sovereign rights of a State. 

 .... It is immaterial whether the State is directly entitled as 

 such, or whether it possesses the right on behalf of its subjects." 



H. B. Oppenheim: 



"All international servitudes are determined and well-defined re- 

 strictions of territorial sovereignty." 



L. Oppenheim: 



" State servitudes are those exceptional and conventional restric- 

 tions on the territorial supremacy of a State by which a part or a 

 whole of its territory is in a limited way made to perpetually serve a 

 certain purpose or interest of another State." 



Phillimore : 



"A State may voluntarily subject herself to obligations in favor of 

 another State, both with respect to persons and things which would 

 not naturally be binding upon her. These are ' servitudes juris gen- 

 tium voluntarial.' 



" The servitudes juris gentium must, however, be almost always 

 the result either of certain prescriptive customs or of positive conven- 

 tions." 



Rivier : 



" International servitudes are relations of State to State 



as a real right burdening the territory of a State for the benefit of 

 .... another State, the international servitude passes with the ter- 



