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.