Problem istnienia w prawie międzynarodowym publicznym służebności międzynarodowych

Abstract

The article deals with one of the most controversial problems of international law the international servitudes. It presents the origin of the concept of servitudes in international law and legal theories concerning them. The author concludes that, how ever, the doctrine of international servitudes as too rigid and too restrictive is rejected in international law but the problem of special legal ch aracter of rights and obligations in question is still real. The tendency to atribute to them the features of perm anency and transmisibility on occurrence of territorial changes (state succession) is view ed in doctrine of internation al law , practice of states and also in the text of Vienna Convention on Succession of States in Respect of Treaties (1978). This shows that the appearance of the concept of international servitudes influenced the idea of special treatment of rights and obligations attached strictly to the territory of state and may be, has led to the cristalisation of legal norm s contained in art. 11 and 12 of the V ienna C onvention.