history of treaty-making offers numerous examples of negative
undertakings of this type .2/
State practice clearly supports the existence of

international rights in rem of the type just describea Y
This practice indicates,

however,

that in order to create such

rights, the parties must do so expressly, py 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.2/
As to the permanent character of the legal relationship to-be
created by implementation of Points One and Two,

it would be

encugh 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,

Adaba on May 14,
826-827;

1902,

Martens,

Treaty of Versailles,

N.R.G.,

signed at Addis

3rd Series,

supra n.1,

Articles

vol.

42

2,

pp.

and 358;

Article 12 of the Treaty of Lausanne of July 24, 1923, quoted
in Whiteman, op. cit., vol. II, supra n.2, p. 1206; Article 7
of the Conciliation Treaty between the Holy See and Italy, of
February 11, 1929, ibid., p. 1201; Peace Treaty with Italy of
February 10, 1947, 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, Inter-

national Servitudes in Law and Practice (1932),
there cited.

and bibliography

7/
See H. Lauterpacht, Private Law Sources and Analogies of
International Law (repr. ed. 1970), pp. 122-123; OppenheinLauterpacht,

International Law (7th ed.),

vol.

Atlantic Coast Fisheries Arbitration (1910).
8/

I,

p-

Lauterpacht, Analogies, cit. supra n.7, p- 123.

537; North

Select target paragraph3