Neutral Rights And Obligations in the Anglo Boer War 8 7
Neutral Rights And Obligations in the Anglo Boer War 8 7
Campbell
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He says, "If it granted a real right of way of the nature of a right _in rem_there is no reason why the way should be stopped against troops any morethan why a purchaser of territory should be debarred from using, it as abase of military operations. " But he points out, "If the treaty onlycreated a right _in personam_ the case is different. " In the latter caseit is obvious that the power which claims the way depends entirely onthe promise of the territorial power for the exercise of that advan...tage. "In such a case, " he concludes, "it may well be that the performance ofits promise by the territorial power becomes unlawful, on the outbreakof war between the promiser and a third party. "[26] For internationalpurposes the true test is, "Could the power claiming the right of way, or other servitude, enforce its claims during peace time by force, without infringing the sovereignty of the territorial power?" Mr. Baty'sopinion is that "if it could, and, if the servitude is consequently areal right, " the promisee might use its road in time of war, and theowner of the territory would be "bound to permit the use, without givingoffense to the enemy who is prejudiced by the existence of theservitude.
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