128.

than one occasion. Intervention to enforce a guarantee

receives express recognition in the Constitution of Panama,

which provides:

The Government of the United States of America shall have the power to intervene in any part of the Republic of Panama to reestablish public peace and constitutional order, in the event of their being disturbed, if the said Government, by public treaty, assumes the obligation of guaranteeing the independence and sove129 reignty of this Republic.

The

The incapacities incident to intervention are also involved in the financial control of debtor states, as appears from the experience of Egypt, Turkey, and Greece. United States engages, in the Treaty of 1907 with San Domingo, to "give the General Receiver and his assistants such protection as it may find to be requisite for the performance of their duties."130The military occupation of San Domingo has been recently undertaken in the execution of the treaty.131should the necessity occur in Haiti, the United States undertakes to "lend an efficient aid for the preservation of Haitian independence and the maintenance of a government adequate for the protection of life, property and 132 individual liberty.

"

128 See Holland, European Concert in the Tastern Question, chap. 2.

129 Art. 136 (Rodriguez' transl.). See also the Treaty of 1903, in Malloy, Vol. II, p. 1349.

130 Supra, p. 314.

131 Proclamation of occupation, in A.J.I.L. Suppl. (1917), Vol. XI, p. 94.

132 Supra, p. 316.

X

LIMITATIONS INCIDENT TO INTERNATIONAL SERVITURES

The question of servitudes in the law of nations has been the subject of considerable controversy.

The authori

ties were reviewed from divergent points of view in the argument before the Hague Tribunal in the North Atlantic Coast Fisheries Arbitration without reaching any very satisfactory conclusions.1331t 133It is certain that international relation

ships afford many examples of a restricted condition of jurisdiction which is of the nature of a servitude, whatever it may be called. Distinct from the state's contractual

obligations which involve in each case no more than a duty of performance toward the other contracting state, there are incumbrances on the state's jurisdiction, imposed for the benefit or advantage of another state or group of states, and requiring that the state either allow something to be done within its jurisdiction which it would not otherwise be obliged to allow, or that it refrain from doing something which it would otherwise be free to do. The state for whose advantage such an incumbrance or limitation exists may assert its right, not only against the state whose jurisdiction is restricted, but, also against the entire community

of nations.

133 See N.A.C.F. Proceedings, Vol. VIII, pp. 16-31; Vol. IX, pp. 306-314, 560-696; Vol. XI, pp. 1655-1711, 2123-2130; Cf. Aix-la-Chapelle-Maastricht Railroad Co. y. Thewis and the Royal Dutch Government, in A.J.II. (1914), Vol. VIII, pp. 907-913.

These incumbrances on jurisdiction are also limitations on legal capacity.134 In this respect international burdens of the nature of servitudes are essentially different from the servitudes of municipal law. The latter are burdens imposed on ownership and are without any effect on the legal capacity of the owner. The former are burdens on jurisdiction, which is one of the most important elements of international capacity.

The neutralization of northern Savoy in 1815, in support of the neutrality of Switzerland, may be regarded as a servitude of neutrality in the interest of Switzerland. The convention which provided for the neutralization of

Switzerland also stipulated:

The powers acknowledge likewise and guarantee the neutrality of those parts of Savoy, designated by the act of the Congress of Vienna of the 20th May 1815, and by the Treaty of Paris signed this day, the same being entitled to participate in the neutrality of Switzerland, equally as if they belonged to that country.135 It is clear enough that this provision limited Sardinia's international capacity in important respects. The neutralization of the Black Sea by the Treaty of Paris of 1856, as part of the program designed to secure the independence and integrity of the Ottoman Empire, was aimed primarily at Russia. Article 11 provided:

134 Cf. Piécelièvre, Droit int. pab. sec. 288, Vol. I, p. 259.

135 Convention of Nov. 20, 1815, in A.J.I.L. Suppl. (1909), Vol. III, p. 106; Treaty of Vienna, Art. 92.