ACTS OF THE LEGISLATIVE ORGAN
(a) In the Bases of Discussion of the Preparatory Committee, the
damages caused by the legislative or executive organs in connection with
contractual relations, or by violence or attempts of the authorities against
personal liberty, are deemed to belong in a special category. It is explained
that damages caused by rebellions, civil wars or riots should be given special
consideration, inasmuch as the circumstances under which they are caused
should have some bearing upon the proper rules applicable. This is not the
case, of course, as regards imprisonment, deportation and other action
usually taken against aliens. These might be either authorized acts under
the municipal law, or illicit acts while performing official functions in accord-
ance with such law. However, from the international point of view, these
acts should be in no wise considered different from all the other acts of either
competent or incompetent authorities. The rules to which they are subject
are very well known. Likewise, the cases which, for special reasons involv-
ing a denial of justice or extraordinary injustice, become the subject of
international cognizance, as well as all the other activities of the State
organs. Consequently, there is no special reason to place any of these acts
in any particular group or category. To do so would establish a tendency
towards class regulation, a system that is most undesirable in codification
work.
(b) The cases of ex comtractu responsibility are, however, different
from the others mentioned, inasmuch as they involve contractual relations
between the State and private individuals. There have been instances in
which financial conditions have been interposed, or coercion exercised by
powerful nations against their inferiors. This fact has given contractual
relations between the State and private individuals special prominence in the
history of international jurisprudence, and has invested them with a certain
peculiar characteristic. It is for this reason that various doctrines have
been advanced for the classification of these contracts, and others purport
to explain why certain ones, according to the opinion of some authorities,
should be excluded from the general principles that govern the obligations
undertaken by the State.