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Bolivar Railway Co

The tribunal found that a nation is responsible for the acts of a successful revolution from its beginning, as the revolution represents the changing national will. However, the tribunal can only consider questions of legal responsibility, not national policy. It must determine if the respondent government was negligent in a way that caused losses to the claimant company from revolutionary demands. The validity of acts by a revolutionary government against the parent state and its citizens depends on the revolution's ultimate success - if unsuccessful, the acts perish, and if successful, the acts are upheld from the start as an independent nation.

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Michelle Montenegro - Araujo
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331 views1 page

Bolivar Railway Co

The tribunal found that a nation is responsible for the acts of a successful revolution from its beginning, as the revolution represents the changing national will. However, the tribunal can only consider questions of legal responsibility, not national policy. It must determine if the respondent government was negligent in a way that caused losses to the claimant company from revolutionary demands. The validity of acts by a revolutionary government against the parent state and its citizens depends on the revolution's ultimate success - if unsuccessful, the acts perish, and if successful, the acts are upheld from the start as an independent nation.

Uploaded by

Michelle Montenegro - Araujo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Bolivar Railway Co.

v Ralston, Venezuela Arb, of 1903, p 388


- A nation is responsible for the acts of a successful revolution from the time such revolution began, because in theory, it represented ab initio a
changing national will, crystallizing in the finally successful result
- While there is opportunity for the recognition of these cogent facts and arguments by the Government itself in its public capacity and animated by a
broad national spirit, there is no power vested in this tribunal to make orders or establish awards not properly juridical in their character; that this
tribunal can not take into consideration questions of national policy, but must confine itself to the determination of whether there has been an
international wrong for which the respondent Government is responsible in damage, and that it performs its functions best and safest when it adheres
most closely to the principles established by the law of nations. It has then only to determine whether there has been negligence in fact on the part of
the respondent Government in such a way and to such an extent as to make it chargeable with the losses which this claimant company has suffered
through the demands of the revolutionists.
- such as exists where a portion of the inhabitants of a country have separated themselves from the parent state and established an independent
government. The validity of its acts, both against the parent state and its citizens or subjects, depends entirely upon its ultimate success. If it fails to
establish itself permanently, all such acts perish with it. If it succeed and become recognized, its acts from the commencement of its existence are
upheld as those of an independent nation.

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