however,

whether there is a body of rules of customary inter-

national law,

which would attach the desired legal consequences

to the implementing provisions, making specification unnecessary.
In our opinion,

the legal relationship envisaged in

Point One would be an international servitude.

An international

servitude is a permanent legal relationship whereby a State is

entitled to exercise rights within part or the whole of the
territory of another State,

for a special purpose or interest

relating to the territory in question,

or whereby a State is

obligated towards another State not to exercise certain of its
rights within part or the whole of its territory,

for a special

purpose or interest relating to this territory 4/

A servitude

ls a ius in rem,

of indeterminate Curation,

by changes of sovereignty in either State.

which is unaffected
The servitude

contemplated in Point One is a paradygmatic case of a servi-

tude in non faciendo,

also called a negative servitude.

The

(footnote cont'd)
into force on January 27, 1980.
U.N. Conference on the Law of
Treaties Official Records, Documents of the Conference (U.N. Dec.
A/CONF. 39/27), p. 289.
The United States is not a party to the
Convention, but the principle of Article 26 is also part of

customary international law.

4/

This is a slightly simplified version of the definition

proposed by F. A. Vali, Servitudes of International Law,
2d edition (New York: Praeger, 1958), p. 309.
For other definitions of international servitude, see Whiteman, op. cit.,
supra n. 2, vol. II, pp. 1173-1224.

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