TTI 
MUNICIPAL LEGISLATION 
(a) The cases of responsibility arising out of legislative enactments 
are probably the most notorious ones, because they relate to the loftiest 
task of State sovereignty. The powers of the constituted authority and the 
regular legislative functions of the government are directly derived from 
the will of the people, and are the genuine expression of the latter’s wishes. 
For quite a long time States have guarded with considerable zeal their 
freedom in this branch of their sovereignty, and this is precisely the cause 
of the difficulties being encountered at this time in the organization of the 
International Community, the existence and development of which are de- 
pendent upon the submission of the various governments to its jurisdiction. 
The fact is, however, that the current juridical mind of the world has come 
to realize the necessity to limit all the expressions of the State’s sovereignty, 
comprising therewith even the legislative powers. The States, of course, 
preserve their right to legislate perfectly intact. They have and exercise 
jurisdiction, in so far as their laws carry full force and effect, and demand 
the faithful compliance therewith by its organs and by the inhabitants of 
its territory. The right to legislate may, however, be limited on certain 
occasions in respect of particular matters by public treaties,! or influenced 
along certain lines on account of some obligation undertaken by the State 
sither to establish or to preserve a special right. At the same time, although 
the State enjoys the free and full exercise of its jurisdiction over its domain, 
this might give rise to responsibility on its part whenever the laws enacted 
are contrary to international obligations. Consequently, there are municipal 
“In the case of the peace treaties made after the European War, which have limited 
the legislative powers of certain States. . . 
"As an example of this case, the International Convention of September 17, 1878, 
may be cited. This refers to the campaign waged against phylloxera and obligates the 
States to complete their legislation, in view of certain results. . 
The laws enacted by Switzerland pursuant to the Paris Convention of March zo, 
1883, for the protection of industrial property, undertook the task of providing legisla- 
live regulations for the protection of the rights of foreign inventors, etc. The legisla- 
tive powers of the Confederacy, however, did not include this matter at that time, and 
it was necessary to amplify them by an amendment to Article 64 of the Federal Con- 
stitution.