however,
whether there is
a body of rules of customary inter-
national law, which would attach the desired legal consequences
to the implementing provisions,
In our opinion,
making specification unnecessary.
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
ric¢chts within pert or the whole of its territory,
for a special
purpose or interest relating to this territory .7/
A servitude
is 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. Doc.
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.
nitions of international servitude,
supra n.
2,
vol.
II,
pp.
1173-1224.
For other defi-
see Whiteman,
op.
cit.,