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

Bibliographic data

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

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

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