RESPONSIBILITY OF STATES
In all of these acts of government control or of monopoly, there is no well
defined limit between the municipal and the international jurisdiction. The
principles of the doctrine of vested rights are very uncertain. Moreover, it
would not be known how to apply limits to retroactive provisions. The
modern tendency of society is to amend the old theory which invested the
law with extremely individualistic nature. The main laws are now deemed
to be mere regulations for the attainment of the ends of society. The guid-
ance of these enactments by the spirit of justice is, of course, the only
motive that should be ever present, and to which every tendency of the
‘aw should be duly subjected. However, it has to be admitted that this
entire issue is still in a state of evolution. It would not be possible to
establish definite rules to cover all of the problems which modern society
has to meet in the development of its economic life. In this case, as in
other phases of responsibility, it is imperative that the task of codification
should be confined to tracing the general lines within which international
jurisprudence may gradually accomplish its work of compilation. The
results of the inquiry of the Preparatory Committee of the Codification
Conference justify this view. As regards the question of rights acquired by
alien nationals, the replies of the various governments would seem to indicate
that the subject is not yet quite ripe. The Government of South Africa
subordinates the notion of acquired rights to the municipal law, and in this
respect it does not recognize the alleged international responsibility of the
State. The Government of Austria feels rather inclined to evade the solu-
tion of these “vexatious problems”. The Government of Great Britain
states that it is not known just precisely what status “acquired rights” should
have. The Government of Switzerland believes that it would be of great
interest to arrive at a satisfactory definition of acquired rights and their
imitations. It maintains further that these rights are not absolute, and
that the exercise of same beyond the limits established by the municipal law,
is inadmissible.
There is, however, a strong tendency to construe expropriation without
Indemnity as being contrary to the common law of Nations, even though
there should be no special convention on the subject. Among the important
recent applications of this doctrine may be cited the decisions of the Per-
manent Court of Arbitration of September 24, 1920, and October 1 3, 1922,
the first dealing with the confiscation of property belonging to the eccle-
siastical corporations of Portugal, and the second in connection with the
requisition of vessels under construction in American shipyards for account
of Norwegian nationals. The law on this point is more specifically covered by
Ruling No. 6 and Decision No. 7 of the Permanent World Court: the former
deals with the rights acquired by German settlers in Poland, and the applica-
don of the Polish law of July 14, 1920. The Court ruled that the legal