CHAPTER III. PENAL MATTERS ARTICLE 436 No contracting State shall execute the judgments rendered in one of the others in penal matters in respect to the sanctions of that class which they impose. ARTICLE 437 They may, however, execute the said judgments in respect to civil liability and the effects thereof upon the property of the convicted person if they have been rendered by a competent judge or tribunal in accordance with this convention and upon a hearing of the interested party and if the other conditions of form and procedure established by the first chapter of this title have been complied with. INTERNATIONAL COMMISSION OF JURISTS (Sessions held at Rio de Janeiro, April 18 to May 20, 1927) Projects Concerning Permanent Technical Organs * The International Commission of Jurists, having in view the necessity, demonstrated by experience, of permanently organizing the preliminary work for formulating and developing international law in America, as well as the unification of legislation, recommends that the Sixth Pan American Conference approve the following plan: 1st. To make the International Commission of Jurists of Rio de Janeiro a permanent body, and to provide for a stated, regular session every two years. 2nd. To organize two committees of examination, one at Rio de Janeiro and the other at Montevideo, for international public law and international private law, respectively, with the following duties: (a) To present to the various governments a list of matters susceptible of being submitted to contractual regulation. In this list will be included, besides the matters initiated by the Committees, those which the International Commission of Jurists judges proper to indicate, on terminating each of its sessions. (b) To decide, in accordance with replies received, what matters are generally considered ripe for discussion and appropriate for legislation. (c) To submit to the various governments the different viewpoints from which matters selected may be contemplated; to petition and obtain an indication along general lines of the opinion of each government. 3rd. To entrust the Executive Council of the American Institute of International Law with the duty of studying scientifically the matters referred to in the above article, with the task of drawing conclusions and presenting them with proper explanations duly supported in reports, inasmuch as they are to serve as bases of discussion by the International Commission of Jurists for the definite formulation of the ante-projects intended for Pan American Conferences. Whenever possible, the above information shall be submitted to the deliberations of the Institute at its biennial plenary sessions. 4th. To organize in Havana an office and committee for directing the studies of comparative legislation and for the unification of legislation. 5th. The three above mentioned committees are to be formed by the various governments from the members of their respective national societies of international law. They shall communicate with the various governments and with the Executive Council of the Institute, through the Pan American Union. * Translated from Comisión Internacional de Jurisconsultos Americanos, Ministerio de Relaciones Exteriores del Brasil, Rio de Janeiro, 1927, Vol. 4, pp. 133, 139. 6th. The Pan American Union, in so far as its by-laws permit, shall coöperate in all the preliminary legislative work referred to in the above articles. Resolution Concerning the Unification of Legislation In addition to the office and council to be created for the study of comparative law and for the unification of the laws, the Pan American Union should appoint a committee composed of three jurists versed in the civil legislation of the countries of America for the purpose of proceeding to the study of such legislation and publishing the result of their labors. In addition thereto, it should formulate a project of uniform civil legislation for the countries of America, principally Latin America, as well as furnish the best means of obviating the inconveniences resulting from the legislations when they present an irreconcilable character. INSTITUTE OF INTERNATIONAL LAW Resolutions Adopted at Lausanne INTERNATIONAL RESPONSIBILITY OF STATES FOR INJURIES ON THEIR TERRITORY TO THE PERSON OR PROPERTY OF FOREIGNERS The Institute of International Law expresses the hope of seeing sanctioned in the practice of the law of nations the whole of the following rules concerning the international responsibility of States by reason of injuries caused upon their territory, in time of peace, to the persons or property of foreigners. I The State is responsible for injuries caused to foreigners by any action or omission contrary to its international obligations, whatever be the authority of the State whence it proceeds: constitutional, legislative, governmental, administrative, or judicial. This responsibility of the State exists even when its organizations act contrary to the law or to the order of a superior authority.1 It exists likewise when these organs act outside their competence under cover of their status as organs of the State and making use of means placed at their disposal as such organs. This responsibility of the State does not exist if the lack of observance of the obligation is not a consequence of a fault of its organs, unless in the particular case a conventional or customary rule, special to the matter, admits of responsibility without fault. II The State is responsible for the act of corporate bodies exercising public functions on its territory. III The State is not responsible for injurious acts committed by individuals except when the injury results from the fact that it has omitted to take the measures to which, under the circumstances, it was proper normally to resort in order to prevent or check such actions. 1 The text of the second paragraph should be understood in the sense that the responsibility of the State exists whether its organs have acted in conformity with or contrary to the law or even the order of a superior authority. (Extract from the procès-verbal of September 1, 1927.) IV Aside from cases where international law would call for a treatment of a foreigner preferable to that of a national, the State should apply to foreigners against injurious acts emanating from individuals, the same measures of protection as to its nationals. Foreigners should in consequence have at least the same right as the latter to obtain indemnity. V The State is responsible on the score of denial of justice: (1) When the tribunals necessary to assure protection to foreigners do not exist or do not function. (2) When the tribunals are not accessible to foreigners. (3) When the tribunals do not offer the guaranties which are indispensable to the proper administration of justice. VI The State is likewise responsible if the procedure or the judgment is manifestly unjust, especially if they have been inspired by ill-will toward foreigners, as such, or as citizens of a particular state. VII The State is not responsible for injuries caused in case of mob, riot, insurrection or civil war, unless it has not sought to prevent the injurious acts with the diligence proper to employ normally in such circumstances, or unless it has not acted with like diligence against these acts or unless it does not apply to foreigners the same measures of protection as to nationals. It is especially obligated to give to foreigners the benefits of the same indemnities as to nationals with regard to communes or other persons. The responsibility of the State by reason of acts committed by insurgents ceases when it recognizes the latter as a belligerent party, and in all cases in regard to States which have recognized them as such. The question of the degree to which a State is responsible for acts of insurgents, even when recognized as a belligerent party, in case they have. become the government of the country, is reserved. VIII The principles stated in Articles 3 and 4 govern also the international obligation resting upon the State to guarantee the rights foreigners have with regard to it by virtue of its internal law. IX A federal State is responsible for the conduct of the individual States, not only if it is contrary to its own international obligations, but also if it is |