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:: X. Self-defence, necessity and rescission

Collection:: Economics Books

J RESPONSIBILITY OF STATES that exceptions growing out of the great law of self-defense do exist, those exceptions should be confined to cases in which the necessity of the self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation ” (c) The inquiry of the Preparatory Committee refers also to the pos- sible responsibility of the State for the unilateral rescission of ‘contractual abligations. This rescission might be prompted by considerations of public policy, or else it may be authorized under the terms and conditions of the contract. The State is authorized to rescind in either case. Rescission for reasons of public policy might create a duty to make reparation, and the question should be referred to the international courts for adjudication. The second case of rescission is the exercise of a usual contractual privilege. It is within the rights of every contracting party, and is governed by municipal law. Such rescission, however, like any other act of government authorities, might involve an international offence when the unilateral action of the State has exceeded the limits justified by the terms of the contract or the circum- stances of the case, or when the municipal law does not provide efficient means of redress for the injured party.

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