244 FISHERIES ARBITRATION AT THE HAGUE 



I beg the Tribunal, while I read these expressions, to receive 

 them free from any prejudice arising from the fact that these gentle- 

 men used the term "international servitudes." They are merely 

 using a name which they have chosen to apply to a special class of 

 rights, and under which some of them group other characteristics 

 and some do not. This is the one essential characteristic, and the 

 all-sufficient characteristic: 



Calvo says: 



"International servitudes are every restriction confining the territorial 

 sovereignty of a state in favor of another state.'' 



Chretien: 



"A state may have renounced for the benefit of one or several others 

 the exercise of a right conferred by its sovereignty. ... If this is permanent 

 an international servitude results." 



Clauss: 



"State servitudes are permanent hmitations of territorial sovereignty 

 of one state in regard to another state, created by special agreements or by 

 possession from time immemorial." 



Despagnet : 



"These (international servitudes) consist essentially in a hmitation affect- 

 ing the internal or external sovereignty of a state, which is constrained not 

 to do, or to allow another state to do for its benefit, that which it could nor- 

 mally accompUsh or prevent." 



Diena: 



"A state obhgates itself ... to allow another state to perform certain 

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

 to abstain from doing certain acts which it would have a right to perform; 

 such restrictions, when they are of a permanent character, give rise to the 

 so-called international servitudes." 



Fabre: 



"From a juridical point of view it matters Uttle whether the servitudes 

 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 bur- 

 dening the territory effecting a diminution of the right of exclusive use over 

 the territory." 



