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 (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. 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 number, or the obligation not to fortify a certain place. (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 territorial seas.& 1 IV. Hertslet, 2783. 2 Ibid. 8 For the general question, see 2 Pradier-Fodéré, 834, 845. CHAPTER XII PROPERTY 67. PROPERTY IN GENERal. 68. STATE PROPERTY IN INTERNATIONAL LAW. § 67. 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 and water 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. § 68. 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 ultimate property in movables, land, and buildings within its own territory; and it may hold property in its state capacity in places not belonging to its own territory, whether within or outside the jurisdiction of other states." Property of the first class falls under the local law of the state in which it is. Property of the second class may come within the scope of international law in time of war. Property of the third class may come with the scope of international law both in time of peace and of war. 1 § 43, p. 167. 77. TERMINATION OF MISSION. (a) Through death of agent. 78. IMMUNITIES AND PRivileges. (b) Exterritoriality and exemptions. (2) Civil jurisdiction. (6) Taxation. (7) Religious worship. 79. DIPLOMATIC PRACTICE OF THE UNITED STATES. 80. CONSULS. (a) Historical. (b) Grades. (c) Nomination and reception. (d) Functions. (e) Special powers in Eastern states. (f) Privileges and immunities. (g) Termination of consular office. § 69. General Development Diplomacy may be broadly defined as the art and science of international negotiation. The conditions which make possible established relations among states are of comparatively recent origin. In the days when stranger and enemy were not distinguished, and when strange air made a man unfree," there could be no extended relations among states. In very early times, however, states had some relations with each other, and 66 |