248 FISHERIES ARBITRATION AT THE HAGUE 



certain right is granted, the measures necessary for its exercise must also be 

 given." 



I would rather put here a different use of words, because I 

 sympathize with the Attorney- General's antipathy to the use of 

 the word "servitude." I would rather say: "The sovereign of the 

 burdened territory shall not hamper the possessor of the right that 

 constitutes the burden in the exercise of that right, or lessen the 

 right by various dispositions." 



There is no doubt about what it means. There is no doubt 

 but that it apphes directly to the right which, a hundred and odd 

 years after, these gentlemen made in the treaty of 1818. 



In 1749 Wolf, who I need not tell this Tribunal was one of the 

 great founders of modem international law, accepted as the highest 

 authority, one of those few men whose work in an inconspicuous 

 field, without any of the glamour of those bloody controversies 

 which characterized the day in which he lived, survives the genera- 

 tions and the centuries in the judgment of men whose estimate is 

 worth having — Wolf says, of the nation which has the kind of 

 right we confessedly have here: 



"Since anybody can grant any right he chooses to a third party con- 

 cerning this thing, so has each nation a right to grant another nation a certain 

 right in its territory. ... It belongs even to the mutual duties of nations 

 for the one to create certain rights in his territory for the advantage of the 

 other, in so far as no abuse of the territory takes place. Examples of such 

 rights are the following: Fishing rights in foreign rivers or occupied parts 

 of the sea, rights of fortification on aUen soil, right of garrisoning a foreign 

 fortified place, jurisdiction in certain localities of a foreign territory or for 

 certain legal actions or over certain persons, etc. The constitution of rights 

 in foreign territories is not of interest to neighboring nations alone, but also 

 to those living at a distance ... for the exercise of his right is absolutely 

 independent of the will of the sovereign of the territory, he not being subject 

 to the laws of the land with regard to acts connected with the exercise of his 

 right; but as to other acts cannot be regarded otherwise than as a foreigner 

 residing in a foreign territory.'' 



There is great authority, not expressing his own opinion, but 

 stating what the law of nations was seventy years before this treaty 

 was made — authority of the highest character, stating what the 

 law of nations was in regard to the grant of precisely such a right as 

 we have here. 



