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

Bibliographic data

Monograph

Identifikator:: 1831665921

URN:: urn:nbn:de:zbw-retromon-222025

Document type:: Monograph

Author:: Maúrtua, Víctor M.; Scott, James Brown http://d-nb.info/gnd/117654191

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

Place of publication:: New York

Publisher:: Oxford Univ. Press

Year of publication:: 1930

Scope:: V, 67 S.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: VI. The administration of justice

Collection:: Economics Books

v | THE ADMINISTRATION OF JUSTICE (a) The acts of the judiciary may, like those of the legislature, involve international responsibility, which is derived, according to the weight of authority, from the conception of the State as a single entity within the international community. Juridical relations created by acts attributed to the State are not altered by the fact that the individual agents who commit the acts may hold government positions classed under the municipal law as legislative, executive, or judicial; they all cover State functions and the particular organization and characteristics of each one are immaterial in the international sphere. This conclusion is embodied in the doctrine which holds that the binding force of court decisions and the competency of the court which has rendered same, are material questions only in the local jurisdiction. The absolute averment to the effect that court decisions have no binding force in international circles does not appear to be legally sound. Such a view would be contrary to the fundamental principles of any international community based on mutual cooperation. It does not follow from this that judicial action has the same significance in the international as well as in the national jurisprudence. Of course, international jurisprudence has estab- lished that the proceedings of the local judiciary are under certain circum- stances subject to revision in accordance with international law, and that this might entail responsibility. These proceedings are the ones in which the national courts undertake to apply principles of international law. Responsi- bility might arise either from erroneously applying the international law, or from restrictions imposed thereon by the national jurisprudence. The Costa Rica Packet is a leading case on this subject. In the case of the Lotus, among others, the question whether or not the proceedings of the national judiciary affected the international law was dealt with. In this case the Permanent Court did not deal directly with the proceedings of the Turkish courts. As regards the facts, however, the responsibility imputed to Turkey was derived from the exercise of the local judicial functions. Notwithstanding the fact that responsibility arising out of the exercise of judicial functions may be unquestionable, the problems derived therefrom

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