246 FISHERIES ARBITRATION AT THE HAGUE 



G. F. de Martens: 



A servitude of pubKc international law is "perfect right within the terri- 

 tory 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 restric- 

 tions of territorial sovereignty." 



L. Oppenheim: 



"State servitudes are those exceptional and conventional restrictions on 

 the territorial supremacy of a state by which a part or a whole of its terri- 

 tory is in a limited way made to perpetually serve a certain piupose 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. There are 'servitudes juris gentium voluntarial.' 



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

 result either of certain prescriptive customs or of positive conventions." 



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 territory. . . . The servitude is 

 a permanent restriction of territorial sovereignty and not of independence 

 in general." 



Ullmann: 



"International servitudes can only be established between independent 

 nations and constitute a restriction of the territorial sovereignty of the ser- 

 vient nation. ... In substance, international servitudes constitute a tolerance, 

 when the dominant nation is allowed to perform acts of territorial sovereignty, 

 in the territory of the servient nation, by its own authority and independently 

 of the servient nation; or a forbearance, when the servient nation refrains 



