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

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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