The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-24
The Doctrine % International Ser
Nitudes.

Nitudes.
\ In the North Atlantic coast fisheries
arbitration at The Hague the doctrine
Of international servitudes IL an impOr-
tant element in the case Of the United
States. A seTvitude in the legal sense
Of the term may be defined a. a right in
OF over the property Of another The
same idea Of a property right in or over
lands az distinguished from a right grow
ing out Of actual possession IL also de-
noted BY the legal term easement. The
theory Of servitudes is primarily derived
from the Roman law
Common examples Of servitudes. in
which one piece Of land is said TO serve
another. are a right Of way from your
own property over the property n an
other; the right to use the wall II a
neighbor TO support the beams Of a
building on adjoining property; the
right 10 take water from a spring or well
upon the lands Of another and the right
% conduct rain water onto the premises
Of a neighbOr. While the term ease
ment and servitude- are frequently
used unfortunately the term ease.
ment strictly denotes the night which IL
enjoyed. while the term servitude denotes
the burden which il imposed Profess
sor EMORY WAsHBURN. the highest
American authority on the law Of real
estate, illustrates the distinction by
saying: The right Of way which one
man has A. the owner Of an estate over
the land Of another Is an easement in the
one estate and a servitude upon the
other
Legal rights analogous 70 the servi-
tudes thus recognized by private law
may be granted by one nation 10 an
other. and hence We have the doctrine
Of international servitudes. VATTEL
in his celebrated work The Law Of
Nations saws. There exists no reason
why a nation or a sovereign II author-
lied by the law may not grant various
privileges in their territory 10 another
nation or n foreigners in general, since
every one may dispose II his own prop
erty AZ he sees m Perhaps the most
striking example Of an international ser
vitude in modern times Is the grant NJ
rights in and over the Canal Zone by
the Republic Of Panama 70 the United
States. which goes 50 far a. 10 confer
upon the United States all the power and
authority within that territory which
the United States would possess and
exercise il il were the sovereign TO the
entire exclusion Of the exercise bv the
Republic n Panama Of any such sover-
eign rights. powers Or authority An
other Illustration - 10 be found in q
treaty made between spain and Germany
In 1909 by which Spain ceded % Germany
full sovereignty over the Caroline. Pei
lew and Mariana groups of islands in
the Pacific This treaty provided that
Notwithstanding the transfer NJ sover-
signify over these islands To Germany
Spain should be allowed TO establish and
maintain coal depots for her war and
merchant fleets IN each group 81 islands
even in time - war.
IN the Hague arbitration il II not con-
tendei by The United States that New
ioundland h subject 10 any such broad
and sweeping ~erviulde as exists in the
go - tta n.,.v,. I.u.T L. -
contention If the counsel for this coun-
try Is that under the treaty n 1915
respecting New foundland fisheries the
liberty to take tsn Of every kind on The
southern coast ~ Newfoundland granted
n the inhabitants of the United States
IN common with The subjects Of his Bri-
fannie Majesty j. an international ser
vitude constituting a restriction Of the
territorial sovereignty Of Great Britain.
and hence thut It Is a right unaffected by
war, and survives without impairment
by any change which may take place in
the government NJ Newfoundland. The
american argument is to tho effect that
oN AlANFt iAttNitAA 81 y lNAAAG - CHARACTERS
Ted by ihTee essentials: Il must be-
CrUltei hy one state for the benefit Of
another ~ p"rmanrncy must be beyond
the control Of the State creating II. and
y must maze the territory or a portion
81 tho territory 81 one State serve a
purpGse or an interest u another state.
All these characteristics are SAID ~ he
found IN the giant of fishery rights made
by Great Britain 10 tho United States in
the treaty u 1918.
Although tho liberty "a take fish
granted by that treaty ~ expressed to be
n tho inhabitants II the said United
states, % Is argued that this language
imports in effect grant % the United
states ns a nation That the grant Is
permFnnut In .'- character appears hv
tle terms Of tH" treaty itself. which uses
tire word 'for"yn. The third essential
% an International acr,iuide. namely
that L must uas" tho territory Of one
STATE serve a purpose or interest Of an