QUESTION ONE. 25 



tending to the distance of 5 miles on each side of the center line of 

 the route of the canal to be constructed. 

 Article III of that treaty is as follows: 



The Republic of Panama grants to the United States all the rights, 

 power and authority within the zone mentioned and described in 

 Article II of this agreement and within the limits of all auxiliary 

 lands and waters mentioned and described in said Article II which 

 the United States would possess and exercise if it were the sovereign 

 of the territory within which said lands and waters are located to 

 the entire exclusion of the exercise by the Republic of Panama of 

 any such sovereign rights, power or authority. 



The sovereignty of Panama to all its territory, including the Canal 

 Zone, is recognized, but it is perpetually burdened with the servitude 

 in favor of the United States. The expression " servitude " is not 

 used but the sovereign right of Panama to the specified territory is 

 limited and burdened by the servitude to such a degree, that the 

 United States displaces Panaman sovereignty for the purposes of the 

 servitude and is authorized in express terms to extend its sovereignty 

 to the territory in question and to perform all acts of a sovereign 

 nature necessary for the full enjoyment and exercise of the servi- 

 tude. 



Agkin, by Article 9 of the treaty of Portsmouth, signed September 

 5, 1905, to establish peace between Russia and Japan, Russia ceded 

 to Japan the southern portion of the island of Sakhalinc, and the 

 adjacent islands to the south of the fiftieth degree of latitude. At 

 the same time, and by the same article, Japan and Russia mutually 

 agreed not to construct in their respective possessions upon the island 

 of Sakhaline and the islands adjacent thereto any fortifications or 

 military works.* 



In the course of the same year, on October 26, 1905, Norway and 

 Sweden concluded the convention of Stockholm, by the terms of 

 which the contracting powers agreed to maintain neutrality within 

 their frontiers, to dismantle the existing fortifications, etc., and not 

 to construct fortifications, forts or military depots. 6 



In view, therefore, of the theory and unbroken practice of states 

 throughout a period extending over centuries the doctrine of servitudes 

 may be considered to be firmly established in international law to such 

 an extent that a refusal to apply the doctrine in a particular case 



o British and Foreign State Papers, 1904-1905, Vol. XCVIII, p. 735. 



& British and Foreign State Papers, 1904-1905, Vol. XCVIII, pp. 821, 824. 



