The Institute of International Servitude in International Law: Theoretical Aspects (article in Lithuanian)

Inga Griškevičienė

Abstract


International servitude is a controversial category, but it is still used to solve disputes that arise among states. International servitude has been transferred from Private Law. The servitude first appeared in Civil Law, then it was moved to Public Law and, finally, to International Law. International servitude originated in feudal times. Experts in International Law give the definition of international servitude. It is possible to identify the features of international servitude: it has to be permanent, the subjects - two or more states, established by a particular international treaty or on another basis, one state is entitled to exercise rights within part or the whole of the territory of another state or one state is obliged towards another state not to exercise certain rights within part or the whole of its territory, it has to be established for a special purpose or interest relating to this territory.

Keywords


International servitude; a dominant state; a servient state; right in rem; erga omnes obligations

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236