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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¥, RESPONSIBILITY OF STATES that could be readily established, to allow private persons, in certain re- stricted instances, to institute themselves the international action, with the sanction of their governments? (b) It is recognized that among the States normal conditions disturbed by international wrongs are restored by means of satisfaction and reparation, Some of the authorities claim that there is a certain degree of similarity between these means and the repressions and indemnities provided by the municipal penal laws. Satisfaction among States is, properly speaking, only a moral or political reparation. It is applied in instances wherein it is deemed that the national honor, dignity or respectability have been injured. There is no precedent in arbitral awards expressly imposing punitive satis- faction or indemnity. On the contrary, arbitral awards contain statements that eliminate every possibility of applying punitive measures among the States. However, there have been cases in actual practice where a State has demanded punitive satisfaction or reparation and the defendant State has found it necessary to yield. It is neither advisable nor proper to cite these cases. These occurrences, however, have extrajudicial character and could not exert any influence upon codification work. There have been cases, t00, in which arbitration commissions have imposed indemnities so grossly out of proportion with the actual damage caused that they are sug- gestive of exemplary damages. The fact remains, however, that in inter- national jurisprudence there is no possibility of meting out punishment or penalties in the sense that these measures were understood in the ancient penal law. In the modern penal law the conceptions of punitive atone- ment and retribution have disappeared. 'Repressions are only exercised for the purpose of maintaining the public peace. From this point of view there is not, properly speaking, any difference between disciplination and indemnity. Each of them constitute a feature of the one conception that reparation is essential to maintain social equilibrium. (c) The work of codification should be extended so as to give inter- national character to certain principles of private jurisprudence in connection with the nature of the damage, the assessment of same, the various kinds of reparations, how these should be fixed, etc. There are certain principles that would be very useful in determining the measure of damages for which reparation should be made. The connection between the act and the damage is one of the essential elements. This connection establishes the fact that aot only should the actual material loss caused by the act be allowed, but also the loss of income that it has brought about. This is the ancient Roman interpretation of damnus emergens and lucrum cessans, which has been fol- lowed in a large number of arbitral awards. There is also a very extensive and substantial arbitral jurisprudence, although somewhat contradictory and indefinite, running from the time of the Alabama claims to the present

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