The serious objection advanced by the Tribunal to the contention of the United States was that
"a servitude in international law predicates an express grant of
a sovereign right and involves an analogy to the relation of a
praediutn domninansand a praediumrnserviens; whereas by the Treaty of I8I8 one State grants a liberty to fish, which is not a sovereign right, but a purely economic right, to the inhabitants of another State."
the Tribunal has apparently lent little weight to the array of international law writers commencing with Vattel,/5 who hold expressly that a right to fish may be and has been the object of an international servitude.1s While it is true that a State cannot exercise the right to fish-an objec- tion to the doctrine of international servitudes the Tribunal could
not overcome-it does possess the sovereign right to protect its subjects, for whom the right was secured and in whose favor
it exists, in the exercise of their liberty. That is why the right to fish when granted to one State or its inhabitants in the terri-
tory of another is a sovereign right. The individual exercising the right derives it not from the original grantor, but from his
own State.