Responsibility of states for damage caused in their territory to the person or property of foreigners

Bibliographic data

Monograph

Identifikator:: 1831665921

URN:: urn:nbn:de:zbw-retromon-222025

Document type:: Monograph

Author:: Maúrtua, Víctor M.; Scott, James Brown http://d-nb.info/gnd/117654191

Title:: Responsibility of states for damage caused in their territory to the person or property of foreigners

Place of publication:: New York

Publisher:: Oxford Univ. Press

Year of publication:: 1930

Scope:: V, 67 S.

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: VII. Protection of aliens

Collection:: Economics Books

PROTECTION OF ALIENS 45 Some of the authorities differ as regards this latter view. It is pointed out that the international common law is not like the positive law established by treaties and accepted usage. Therefore, beyond these two sources, no definite standards could be established covering the duties incumbent upon the States. It might be well also to remember the indefinite line between national and international rights. At the present time, the States construe and apply these rights in many different ways. This is clearly shown by their action in connection with monopolies, government control of business, immigration, deportation of aliens, tariffs, and emergency laws regarding price fixing and other forms of restriction imposed upon commercial free- dom. This means that the juridical status of these matters, which are con- sidered to be of national incumbency, does not permit the establishment of international standards. It is doubted, therefore, whether international rules should be enforced in preference to the municipal law as regards the pro- tection of aliens. These comments refer to certain specific measures which are undergoing a stage of evolution in modern jurisprudence, and none of which are incon- sistent with the principles of natural justice that prevent the State sover- eignty from ruling without limitations of any sort, or making its will pre- ponderant in every sense, without giving due consideration to the funda- mental necessities of government generally accepted by the civilized world. There is a minimum juridical standard imposed by human civilization, with- out which neither the existence of the State as a sovereign entity nor that of the international community could be conceived. Even those various meas- ures to which we have referred are not altogether at variance in principle. Underlying these measures there are certain leading precepts that no State could afford to ignore without drawing protests from the others. One of these principles might be, for instance, the one of due compensation for the confiscation of property for public use. This debate, however, has no longer any theoretical importance or prac- tical significance. A scientific fact of paramount importance has been elicited, which has altogether altered the situation. It is now conceived that the rights of man are not a matter exclusively dependent upon the will of the State. It has been mentioned elsewhere that at its New York session the Institute of International Law has invested the rights of man with international character. This means, in other words, that the rights of man are thereby placed under the patronage of the international community. “The juridical mind of the civilized world”—states the pronouncement of the Institute— “demands the recognition of the rights of man free from all attempts on the part of the State.” The leading exponent of this doctrine, President Tames Brown Scott. thus comments upon it:

Access restriction

Copyright

fullscreen: Responsibility of states for damage caused in their territory to the person or property of foreigners

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation