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

54 
RESPONSIBILITY OF STATES 
ment, but it does not make allowance for the possibility of exercising munici- 
pal jurisdiction in certain occasional cases of damage of international 
character, in which the responsible State tenders or undertakes by itself to 
make reparation. This deficiency should be corrected. 
Said formula is as follows : 
“No claim for indemnity may be instituted through diplomatic chan- 
nels, while the injured person still has at his disposal efficient and suf- 
ficient means for the proper handling of the claim. 
“No claim for reparation for the damage sustained by persons may 
be instituted either, if the State responsible places at the disposal of the 
injured persons efficient means to secure redress ** 
Moreover, it would also be advisable to supplement the foregoing for- 
mula, as a basis for its provisions, with that of the Harvard Law School 
Research Committee, which establishes the duty of every State to afford 
aliens efficient means of redress for the damage they may have sustained by 
reason of the acts of public officers or agents, or of private persons.! Thus 
corrected and supplemented, the resolution of the Institute of International 
Law appears to cover all the requirements of this interesting problem. 
* “Article 5.—A state has a duty to afford to an alien means of redress for injuries 
which are not less adequate than the means of redress afforded to its nationals.” (Re- 
search in International Law—Harvard Law School—p. 133.)
	        
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