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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REPARATION AND JUDICIAL SETTLEMENT 67 German-American and Mexican-American mixed claims commissions, in connection with the computation of direct and indirect damages. No definite principles can be drawn from these decisions, because of the confusion of indirect damage with damage due to complicated causes partially remote from the act involved. A great deal would be accomplished by defining these prin- ciples in a general way. Finally, the ideal aim in connection with all these problems is to place them under the obligatory jurisdiction of the international community. This is the condition that the work of codification of these principles be efficient and interesting. To leave the interpretation or application of the rules laid down to the will or judgment of the States would utterly exclude every hope for maintaining cordial international relations. On the other hand, it is well known that at the present time arbitration is a most usual procedure. It would not constitute an innovation liable to draw irremovable objections, to coordinate the principles already accepted by a large majority of the States in connection with the peaceful settlement of controversies, and to incorporate these principles in the Code of State Responsibility. This important and beneficial task could also be expedited by adopting a procedure similar to that of the Supplementary Protocol of the Permanent Court of International Justice. A Protocol covering the gradual development of obligatory inter- national jurisdiction in matters involving State responsibility might be formu- lated. This would cover the following: First: Obligatory arbitration by a Settlement Board, only of cases wherein, although responsibility has been admitted, the amount of the in- demnity remains in dispute. Or Second: Obligatory investigation by an Inquiry Commission, only of such cases wherein the truth of the facts is in dispute, which, if established. would fix responsibility. Or Third: Submitting either to arbitration or to the Permanent Court of International Justice, only the cases involving government debts and others in which there is no possibility of local means of redress under the municipal law. Or, Fourth: Either obligatory arbitration, or reference to the Permanent Court of International Justice of all cases of responsibility for damage caused to the person or property of aliens, provided that same do not also involve a direct offence to the State. Or, finally Fifth: Obligatory reference to international justice, of all cases of responsibility, irrespective of their nature.

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