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

2 
RESPONSIBILITY OF STATES 
of the civilization of the States and the development of their security will 
promote a corresponding expansion of the Law of Nations, commensurate 
with the present evolution of the municipal jurisprudence; and responsi- 
bility will then be founded upon a more practical basis, in order to achieve 
in the end, throughout the world, the assumption of inter-State risks. 
The main reason for the expansion of international law along these lines, 
is the great disparity between municipal and international law. The evolu- 
tion of the law along these lines should be uniform. The blunders of public 
organs should be governed by the same principles, both within the State 
and among the States. At this time, of course, this problem is in a state 
of evolution, and it could not very well be rendered into code form with 
radical solutions. The authorities are divided on this point, and it has been 
only just recently that the trend of international usage has gradually dis- 
sipated the former extremely subjective doctrine. Also, there are certain re- 
lationships in which responsibility arises entirely independent from every 
subjective element. There are certain acts which cannot very well be 
classed as acts of the State, but quite properly similar to them, on account 
of having been performed by its agents while exceeding their legal authority, 
or improperly using their office or the means thereof ; and these cases are 
deemed to entail objective responsibility, inasmuch as the preservation of 
peace among the nations of the world requires such guaranty from the State. 
This is the view adopted by some of the authorities. Others recognize 
responsibility only in cases of negligence in general, or certain of its forms. 
Finally, other authorities deem that the essence of international obligations, 
which are merely rules of international conduct, imply the conception of 
sulpability in their breach, and makes its separate consideration utterly im- 
material. These various views tend to show that the international sphere is at 
present in a stage of evolution which demands the utmost tact in the task of 
rendering its juridical principles into code form.
	        
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