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

RESPONSIBILITY OF STATES 
1914, and this is presently the case with the British Empire, the dominions 
of which have the right to enter into treaties. All of the British dominions 
signed the Treaty of Versailles and form part of the League of Nations. 
This mere fact of international association, which involves a series of rights 
and obligations, implies a certain element of responsibility which could not 
very well be altogether disregarded. 
In the domain of foreign affairs, the self-governing Dominions, with the 
exception of Newfoundland, are recognized as possessing an international 
status by the Covenant of the League of Nations. In the Assembly of that 
body, Great Britain, Canada, Australia, New Zealand, South Africa, the 
Irish Free State and India are members upon an equality with other nations 
of the world. They take part in the election of the judges of the Permanent 
Court of International Justice, and their right to sit in the Council is ad- 
mitted, although that right has not yet been exercised. The provisions of the 
report (the report of the Committee on Inter-Imperial relations of the Im- 
serial Conference) in this matter are of great importance, recognizing that 
the British Commonwealth of Nations may make a treaty as such, with a 
single delegation for the whole; or that each member of the Commonwealth 
may appoint delegates of its own; that the members, therefore, may negotiate 
treaties as separate contracting parties, through their delegates; or that indi- 
vidual members may make treaties by their plenipotentiaries, with the under- 
standing, however, that the intention to do so should be communicated in 
advance, and that before any treaties are concluded “which might involve 
the other Governments in any active obligations” it must “obtain their definite 
assent.” In view of these circumstances, it was natural that the report should 
state in express terms the right of each autonomous State to appoint 
Ministers plenipotentiary to the outside world. Ireland had already done so, 
with the consent of Great Britain, and immediately after the adjournment, 
Canada appointed its first Minister Plenipotentiary to Washington. The 
Government of Australia, if the press is to be believed, expressed, imme- 
diately upon the adjournment of the conference, its intention likewise of 
sending a Minister Plenipotentiary to the United States. 
In view of the foregoing situation, it may be stated that the mere conduct 
of the foreign relations is not, in itself, sufficent to establish responsibility 
on the part of the central government in all cases of federated states. In 
the usual or ancient type of confederacy, however, it is undoubtedly applic- 
able. And it is exclusively to this type of confederacy that the formula of 
the Institute of International Law refers, when dealing with the direct and 
indirect responsibility of the federal State in respect of the acts of the 
associated States. This formula, however, does not include other kinds of 
unions. Sir Thomas Barclay, a member of the Institute, pointed this out 
when he stated: “It is gratifying to note that the question of the peculiar
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.