J

RESPONSIBILITY OF STATES

that exceptions growing out of the great law of self-defense do exist,
those exceptions should be confined to cases in which the necessity of the
self-defense is instant, overwhelming, and leaving no choice of means,
and no moment for deliberation ”

(c) The inquiry of the Preparatory Committee refers also to the possible
 responsibility of the State for the unilateral rescission of ‘contractual
abligations. This rescission might be prompted by considerations of public
policy, or else it may be authorized under the terms and conditions of the
contract. The State is authorized to rescind in either case. Rescission for
reasons of public policy might create a duty to make reparation, and the
question should be referred to the international courts for adjudication. The
second case of rescission is the exercise of a usual contractual privilege. It
is within the rights of every contracting party, and is governed by municipal
law. Such rescission, however, like any other act of government authorities,
might involve an international offence when the unilateral action of the State
has exceeded the limits justified by the terms of the contract or the circumstances
 of the case, or when the municipal law does not provide efficient
means of redress for the injured party.