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

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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

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Document type:: Monograph

Structure type:: Chapter

Title:: VII. Protection of aliens

Collection:: Economics Books

18 RESPONSIBILITY OF STATES exclusive jurisdiction of the national laws, thereby convey a wrong im- pression of Latin American culture and detract from its greatness. The American Republics can fully assume their international obligations and enter the field of mutual cooperation that forms the basis of modern life. Their adherence to the international jurisdiction, sanctioned at the Washing- ton Conference in 1929, is conclusive evidence of the fact that they have assumed their place in the new community of States. (b) With regard to the acts of private citizens the State, as previously mentioned, does not afford any guaranties. The functions of the govern- ment constitute the enforcement of a set of constructive regulations that establish the import and limitations of the acts among the various individu- als, determine whether they are licit or illicit, and provide the penalties there- for. This is the mission that the States carry out within their territory. From the fulfilment of this obligation depends the security and welfare of ‘ndividuals, no matter where they may be. This is the full extent of the func- tions of the State in this regard. When it has fulfilled same within the minimum standards usually conceived at each stage of human civilizafion, nothing more can be required of the State. The State cannot become responsible as an insurer of justice or of the legality of human acts. Its obligation consists merely of adopting the most reasonable precautions to prevent wrong, consistent with individual freedom, and enforcing proper measures to curb the violators of the law. It is usually maintained that if the State does not exercise due diligence to prevent the commission of wrong, or fails to curb same, it is responsible for the injurious conse- quences. Some authorities base this responsibility of the State upon its failure to exercise due diligence by using the means available, while others base it upon the very fact of having failed to prevent or curb the punishable act, as it was its duty so to do. Diplomatic procedure and international jurisprudence appear rather inclined towards considering the question of guilt in matters of responsibility. The serious incidents of the Serajevo assassination, the events at Janina and the Hague conventions bear out this statement. The majority of arbitral awards and rulings of mixed claims commissions have also, more or less, followed this view. The question of guilt or blame has come up since the rulings of the mixed claims commissions under the Jay Treaty. The claims of the Jamaica and the Elizabeth involve this problem. These cases were in connection with the responsibility of a neutral State by reason of the acts performed within its jurisdiction by either of the belligerent States in violation of its neutral ity. In the first case, the decision was based upon the fact that there was no evidence to show that the defendant State had allowed or in any way connived at the alleged act, or failed to use all the means at its disposal to prevent same. In the Elizabeth case the significance of the phrase “all the

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