54

RESPONSIBILITY OF STATES

ment, but it does not make allowance for the possibility of exercising municipal
 jurisdiction in certain occasional cases of damage of international
character, in which the responsible State tenders or undertakes by itself to
make reparation. This deficiency should be corrected.
Said formula is as follows :

“No claim for indemnity may be instituted through diplomatic channels,
 while the injured person still has at his disposal efficient and sufficient
 means for the proper handling of the claim.
“No claim for reparation for the damage sustained by persons may
be instituted either, if the State responsible places at the disposal of the
injured persons efficient means to secure redress **

Moreover, it would also be advisable to supplement the foregoing formula,
 as a basis for its provisions, with that of the Harvard Law School
Research Committee, which establishes the duty of every State to afford
aliens efficient means of redress for the damage they may have sustained by
reason of the acts of public officers or agents, or of private persons.! Thus
corrected and supplemented, the resolution of the Institute of International
Law appears to cover all the requirements of this interesting problem.

* “Article 5.—A state has a duty to afford to an alien means of redress for injuries
which are not less adequate than the means of redress afforded to its nationals.” (Research
 in International Law—Harvard Law School—p. 133.)