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

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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:: VIII. Exhaustion of logical remedies

Collection:: Economics Books

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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