ARGUMENT OF MR. ROOT 245 



Fiore: 



"An international servitude consists in a territorial right constituted in 

 favor of one state upon the territory of another state." 



HaU: 



"Servitudes are 'derogations from the full enforcement of sovereignty 

 over parts of the national territory.' " 



Hartmaim: 



"If the territorial sovereignty of a state is so permanently limited for 

 the benefit of another state that the international personality of the Umited 

 state is not destroyed, there arises an international servitude." 



Heffter: 



"The servitudes here discussed have for their exclusive object sovereign 

 rights or royal prerogatives and generally the public domain. . . . 



"The effects of pubUc 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 Hke right upon its own territory." 



Heilborn: 



" International jMro 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 sovereignty." 



Holtzendorfif: 



"An international servitude exists when the rights of territorial sover- 

 eignty 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 servient territory, or otherwise imper- 

 missible acts of control by a foreign government become permissible." 



Kluber: 



"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 sovereignty 

 of one nation in favor of another." 



