266 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



written law. Through their powers of nulHfying state laws in con- 

 flict with treaty and of interpreting acts of Congress and of the 

 President, they minimize the prohability of disregard by other 

 organs of the government. 



CHAPTER XII. 



The Power to Meet International Responsibilities through 

 THE Enforcement of International Law. 



109. "Due Diligence." 



The responsibility of the nation for acts or omissions of individ- 

 uals within its jurisdiction requires all organs of government to use 

 " due diligence " to preserve order and to prevent violations of 

 international law and treaty by persons within its jurisdiction. 

 While the responsibility discussed in the preceding chapter relates 

 only to the conduct of public officials and hence will be met if 

 officials consistently observe the limitations prescribed for them 

 by international law and treaties in exercising their powers, this 

 responsibility relates primarily to the conduct of private individuals. 

 The conduct of public officials is, however, indirectly involved, inas- 

 much as the nation will be responsible if they neglect proper meas- 

 ures to compel individuals within their jurisdiction to observe these 

 limitations. The government is supposed to enforce law and main- 

 tain order with reasonable efficiency within its jurisdiction and is 

 responsible for failure to do so. A lack of " due diligence " is 

 the expression used to describe the degree of negligence which 

 justifies a claim founded on failure to meet this responsibility. 



While it is the judicial and executive organs of government 

 which operate directly on individuals, often these organs must be 

 authorized to act by legislation or treaty. Consequently any of 

 the departments may be obliged to exercise their powers if this 

 responsibility is to be met. The decision of the Geneva Arbitra- 

 tion Tribunal in the Alabama Claims case made this point clear. 

 " The Government of Her Britannic Majesty," said the court, "can- 



