history of treaty-making offers numerous examples of negative
undertakings of this type.”
State practice clearly supports the existence of
international rights in rem of the type just described
This practice indicates, however,

that in order to create such

rights, the parties must do so expressly, by a clear expression
of intent.”

One way of expressing such intent is to indicate

that a right in rem is being created,

destined to survive

changes of sovereignty over the territories in question.8/
As to the permanent character of the legal relationship to-be
created by implementation of Points One and Two,

it would be

enough to exclude it from the termination provisions of the

Sf
In addition to the Moscow Agreement between the U.S.S.R.
and Finland, already cited, see, e.g., Treaty of Stettin of

1570,

Rydberg,

Sveriges Traktater,

vol.

IV, p-

391

(using the

word "servitude"); Article III of the Treaty for delimitation
of the frontier between the Sudan and Ethiopia, signed at Addis
Adaba on May 14, 1902, Martens, N.R.G., 3rd Series, vol. 2, pp.
826-827;

Treaty of Versailles,

supra n.1,

Articles 42 and 358;

Article 12 of the Treaty of Lausanne of July 24,
in Whiteman,

op. cit.,

February 11,
February 10,

1929,
1947,

vol.

II,

supra n.2, p.

1923,

1206;

quoted

Article 7

of the Conciliation Treaty between the Holy See and Italy,

of

ibid., p. 1201; Peace Treaty with Italy of
Articles 9 and Annex III, 49 U.N.T.S. 3.

6/
Vali, op. cit., supra n.4; D. P. O'Connell, "A Reconsideration of the Doctrine of International Servitude", in Canadian
Bar Review, vol. 30, pp. 807-818 (1952); Helen D. Reid, International Servitudes in Law and Practice (1932), and bibliography
there cited.

7/

See H. Lauterpacht, Private Law Sources and Analogies of

International Law (repr. ed. 1970), pp. 122-123; Oppenheim-

Lauterpacht, International Law (7th ed.), vol.
Atlantic Coast Fisheries Arbitration (1910).

8/

Lauterpacht, Analogies,

cit.

I,

p.

supra n.7, p- 123.

537; North

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