PROTECTION OF ALIENS
47
in relation to nationals has been practically eliminated from discussion in
America. The legislation of all the American Republics is decidedly ad-
vanced on this point. There is not a single one of these Republics where
aliens do not enjoy personal guaranties and civil rights. The American
Republics have just recently codified the International Private Law, and in
the Convention signed at the Habana Conference these rights are specifically
recognized, with the only minor restriction that for reasons of public policy
the municipal law may at times render the exercise of a right subject to
certain conditions. The greatest differences in the status of nationals and
aliens are found in European legislation. It was thus pointed out by the
American members of the European Institute of International Law when the
formula whereby aliens would enjoy a privileged status as regards nationals
was brought up for discussion.
In the American Continent, the problem of responsibility has achieved
considerable advancement by reason of the recent Washington convention.
This convention has established the supremacy of the international law
in matters affecting the community of States. However, this was not
achieved without considerable effort. There was a vigorous contest on the
part of the forces tending to exclude from international adjudication all
matters concerning injuries to foreign persons or corporations. However,
when these questions involve principles of international law, the State could
not very well avoid responsibility therefor without impairing the guaranties
of justice, and destroying every hope for the organization of the community.
A battle was also waged with the forces that proposed to exclude inter-
national justice in matters involving constitutional provisions. This would
retard our progress and would also practically void all that has been achieved
by arbitration. These tendencies represent, in fact, the will of the State
attempting to veto the fundamental requirements of justice that are far
above all national policies.
The juridical civilization of Latin America has achieved quite rapidly a
very high standard that can be compared with those of the European States.
Life in America is comparatively comfortable and safe. There are vast
resources. The laws protect the working man and are based on cooperation.
Order prevails everywhere. Political revolutions have become very rare.
The alien establishes himself, develops love for the land, and in the end
becomes one of its own. After two generations, the combined European
blood has formed a new people and the old country is but a pleasant memory
of the past. Such is America! It is a young continent that fears power not,
since its Nations are founded upon principles of righteousness, and because
they constitute a joint political and economic power that may not be en-
croached upon with impunity. Those who set up American interests to
evade international obligations and attempt to shield themselves behind the