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

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 pos- 
sible 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 circum- 
stances of the case, or when the municipal law does not provide efficient 
means of redress for the injured party.

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