ing of foreign troops at certain points in China, the control

of tariffs, and the undertaking of certain conservancy works

Panama's concession of an interoceanic canal route to the United States carries with it important rights of the nature of servitudes. In addition to granting the United States all the rights which it would have if it were sovereign in the canal zone and auxiliary lands and waters, tain subsidiary rights are conceded in perpetuity or for a long period. Such are the right to use rivers and lakes for navigation, water power, and water supply, the right to acquire property by purchase or eminent domain in the cities of Panama and Colon for works of sanitation, and to collect water and sewerage rates, the right to prescribe sanitary ordinances in the two cities, to make use of their harbors, and, if need be, to maintain public order, and the monopoly of all railroad and canal communication between the Carib142 bean and the Pacific.

Many other examples of limitations on jurisdiction of

Restrictions

waters 143and

the nature of servitudes might be given.
appurtenant to fishing rights in territorial waters

141 A.J.I.L. Suppl. (1907), Vol. I, p. 388; Clements, The Boxer Rebellion.

143 Treaty of 1903, in Malloy, Vol. II, pp. 1349-1357. See also the Treaty of 1914 between the United States and Nicaragua, in A.J.I.L. Suppl. (1916), Vol. X, p. 258; and Costa Rica y. Nicaragua, in A.J.I.L. (1917), Vol. XI, p. 218.

143 See the award on question one in the North Atlantic Coast Fisheries Arbitration (1910), in Wilson, The Hague Arbitration Cases pp. 154 ff., discussed supra, p. 207.

>

to leased territories 144are important applications of similar

principles.

Perhaps the illustrations given are adequate, however, to indicate the nature of this type of limitation, as well as its importance in relation to the principle of equality.

XI

LIMITATIONS INCIDENT TO REMEDIAL PROCESSES

Among the most important limitations on the equality of nations are those which result from the recognition of selfhelp as a remedial process in international law. Individual vindication of rights and redress of grievances are always important in the primitive stages of legal development. They are peculiarly characteristic of the law of nations, where other remedial processes have had only a rudimentary The importance of self-help as a legal remedy has been indicated by leading publicists of all centuries. Victoria affirmed that bellum justum est justitiae executio 146 Grotius developed a similar thesis in great detail, while Zouche defined war as "a lawful contention between different

development.

145

144 See the treaties of 1898 between China and Germany Russia, France, and Great Britain respectively, in A.J.I.L. Suppl. (1910), Vol. IV, pp. 285-298.

145 See. Rel. VI, De jure belli.

146

passim.

See De Jure belli ac pacis, Proleg. 25, 28; and

The violation of rights stricti juris may be redressed by forcible means, by the operation of war, which in the community of nations answers to the act of the Judicial, and Executive Power in the community 18d of individuals.

His definition of war is to the same effect:

War is the exercise of the international right of action, to which, from the nature of the thing and the absence of any common superior tribunal, nations are compelled to have recourse, in order to assert and vindicate their rights.149

Many of the modern publicists, to be sure, would attach qualifications to Phillimore's definition, but, directly or indirectly, all reach about the same result.

The degree to which the law of nations recognizes selfhelp as a legal remedy, and even as a source of substantive rights, is well illustrated by the rule as to duress. There is no system of municipal law that makes a general practice of enforcing agreements made under duress. In international law, if duress is applied to the persons of the state's representatives the agreement is not binding, but if to the state itself it is a valid and binding agreement. Grotius reason is probably as good as any, that without such a rule 150. wars could neither be moderated nor concluded. In the

147

148

Juris et judicii fecialis, etc., 1,6, p. 32.

Commentaries, Vol. I, p. 215.

150

See the limi

De jure belli ac pacis, II,19,11,1. tations on the rule proposed by the Brazilian delegation at the second Hague Conference, Deux. Confér., Vol. I, p. 556.