ordinary diplomatic channels. In colonies and under special circumstances an officer of first rank may be the medium of the demand. Procedure in cases of The person demanded may be placed under extradition. provisional arrest pending the full proceedings of extradition.1 Reasonable evidence of the identity of the person and of the facts of the crime must be furnished by the state making the demand. In case a person is demanded by two or more states it is becoming customary to accede to the demand first received. In many recent treaties there is provision that if the person demanded is accused of a crime in the state of refuge, the demand for his extradition may be refused pending his trial in the state of refuge. 68. Servitudes Servitudes in international law constitute a restriction upon the exercise of the territorial jurisdiction of a state. This may be in favor of or by agreement with one or more states. The existence of a servitude does not necessarily imply a partition or an alienation of sovereignty. The North Atlantic Coast Fisheries Tribunal in 1910, while maintaining the American right to fish and certain exemptions from British jurisdiction, was unable to agree with the contention of the United States that "the liberties of fisheries granted to the United States constitute an international servitude" "involving a derogation from the sovereignty of Great Britain." 2 (a) International servitudes are: (1) positive, implying that a state is under obligation to permit within its territory another state to exercise certain powers, as by the Treaty of Berlin, 1878, Art. XXIX, "The 13 Pradier-Fodéré, 1877. 2 Wilson, Hague Arbitration Cases, p. 158. administration of the maritime and sanitary police, both at Antivari and along the coast of Montenegro, shall be carried out by Austria-Hungary by means of light coastguard vessels "1; International servitudes, positive and negative. (2) negative, implying that a state is to refrain from certain acts, otherwise customary, as Montenegro shall neither have ships of war nor flag of war." 2 Among the positive servitudes are: those obligations of a state to allow within its own jurisdiction the exercise of political or administrative authority by another state, as in the execution of judicial or police regulations; those obligations to allow the exercise of military authority, as in military occupation of a portion of the territory or the passage of troops. Among the negative servitudes are: those obligations of a state to refrain from exercising within its own jurisdiction certain political or administrative authority which might be exercised, if the servitude did not exist, as in the exemption of the citizens or corporate persons of certain states from certain acts of jurisdiction or taxation; those obligations to refrain from military acts, such as the limitation of the army or navy to a certain tonnage, as in the Treaty Limiting Naval Armament, February 6, 1922, or the obligation not to fortify a certain place.3 (b) There are also servitudes which may be called general, because binding alike upon every state in favor of all others, such as the innocent use of General servitudes. territorial seas.4 1 IV Hertslet, 2783. 2 Ibid. By Article XIX of the Treaty Limiting Naval Armament, February 6, 1922, the United States, the British Empire, and Japan agree upon the status quo in regard to fortifications and naval bases in a defined area of the Pacific Ocean. See also Treaty of Versailles, June 28, 1919, Arts. 42-44. For the general question, see 2 Pradier-Fodéré, 834, 845. CHAPTER XII PROPERTY 69. Property in General THE term "property " has been used in varying senses by writers upon international law. By virtue of the fact that a state has jurisdiction over all its public property there has sometimes been confusion between the two terms, but jurisdiction may, and does, extend to persons and things of which proprietorship cannot be affirmed by the state. In the sense commonly used in international law the property of a state is held to be all the lands, water, and air within its limits. Within this territory the state has rights to the exclusion of other states, and upon the land area may exercise the right of eminent domain. The idea of property in this international sense is distinct from that of private ownership, which is merely relative and depends upon the regulations of the state; indeed, private property may be seized for the debts of the state. A state may hold absolute possession of such objects as are capable of appropriation, as lands, buildings, and other material resources for public purposes. In some cases the state owns the railroads, telegraphs, mines, etc. In time of war such property receives treatment somewhat different from that of private property, and in time of peace it may receive special recognition, e.g. houses of ambassadors. 70. State Property in International Law Hall outlines this subject as follows: "A state may own property as a private individual within the jurisdiction of another state; it may possess the immediate as well as the |