The practice of the States agrees with this rule laid down by the majority of writers. Although in some cases several States have paid damages for losses of such kind, they have done it, not through compulsion of law, but for political reasons. In most cases in which the damages have been claimed for such losses, the respective States have refused to comply with the request.[265] As such claims have during the second half of the nineteenth century frequently been tendered against American States which have repeatedly been the scene of insurrections, several of these States have in commercial and similar treaties which they concluded with other States expressly stipulated[266] that they are not responsible for losses sustained by foreign subjects on their territory through acts of insurgents and rioters.

[265] See the cases in Calvo, III. §§ 1283-1290.

[266] See Martens, N.R.G. IX. p. 474 (Germany and Mexico); XV. p. 840 (France and Mexico); XIX. p. 831 (Germany and Colombia); XXII. p. 308 (Italy and Colombia); and p. 507 (Italy and Paraguay).

The Institute of International Law has studied the matter and has proposed[267] the following Règlement concerning it:—

[267] At its meeting at Neuchâtel in 1900; see Annuaire, XVIII. p. 254.

(1) Independently of the case in which indemnities are due to foreigners by virtue of the general laws of the country, foreigners have a right to compensation when they are injured as to their person or as to their property in the course of a riot, of an insurrection, or of a civil war:

(a) When the act from which they have suffered is directed against foreigners as such in general, or against them as under the jurisdiction of a certain State, or

(b) When the act from which they have suffered consists in closing a port without due and proper previous notification, or in retaining foreign ships in a port, or

(c) When the injury is the result of an act contrary to the laws committed by a government official, or

(d) When the obligation to compensate is established by virtue of the general principles of the law of war.