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:: I. The basis of state responsibility

Collection:: Economics Books

THE BASIS OF STATE RESPONSIBILITY (a) The issue of State responsibility is, indeed, the current leading prob- lem of International Law. It may be stated that it involves practically the entire scope of international conduct, since it originates from a definite prin- ciple of law and comprises divers features, such as the definition of the State as an international character, its rights, its obligations, and its powers. In other words, responsibility covers the solution of matters which deal with the activities of the State and the securities which it affords. This unique prob- lem is now assuming the importance which it commands, having been brought to light out of its former exclusive status in political and lay circles. Until just recently, responsibility was confined to special claim proceedings instituted through diplomatic channels, arising out of a one-sided conception of the alleged injury, and their decision was dependent in most cases upon coercion on the part of the States with preponderant power, or, at the most, upon direct settlement or arbitration proceedings that were not in themselves strictly based upon juridical principles. Even to this day there are many who confuse the problem of substantive law involving responsi- bility with the claim proceedings instituted through diplomatic channels, whereas they are not altogether two inseparable subjects. There are certain cases in which a person may institute an international action; and the present tendency is to establish a court with international jurisdiction, to which indi- viduals may have recourse whenever the State raises questions of public policy in order to become immune from its municipal jurisdiction; or when- ever there is a manifest denial of justice. In any event, the possibility of pri- vate citizens resorting to such international jurisdiction evidently shows that no relation necessarily exists between the principle of responsibility and diplo- matic claim proceedings. (b) Responsibility on the part of the State may, or may not, exist; and its definition and scope may vary, depending upon whatever conception of the law is entertained as regards the State itself. If such right should be derived from the will of the State, and if such will purports to comprise peremptory sovereignty of the State in its ancient form, then there is no Nore—The author’s original manuscript in Spanish has been translated into English for this publication by G. Marquez, LL.B.

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