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REPARATION AND JUDICIAL SETTLEMENT
(a) After the substantive rules of State responsibility in connection
with foreigners have been established, the codification of the international law
should be supplemented by a set of fundamental rules of procedure for the
enforcement of international obligations. All of these rules can be readily de-
fined, inasmuch as they have been established as common usage by international
practice. There is no doubt but that the States should be the ones to insti-
tute the international action for the wrongs committed against their nationals.
This procedure would cover amicable suggestions, requests or enjoinments,
and formal claims handled through diplomatic channels. The foundation
for this action on the part of the State lies upon an extant principle in the
modern mind, that is very often resorted to. It is deemed that the dignity
and respectability of the State would be impaired if its nationals should not
be accorded proper juridical treatment. It is further deemed that nationals
are units of the State, and that it is incumbent upon the State to protect them
all over the world and demand from the other States proper justice for them.
All of these conceptions are the remaining traces of the doctrine of the
classical schools and, at the same time, a certain reminiscence of medieval
tendencies. However, it is an unquestionable international fact that up to
this day that is the theory entertained in the minds of the States. They
claim for their nationals. They are the States’ claims and pertain to their
sovereignty. It is not considered that these claims are instituted by the State
under a commission from the injured person, or as his representative. The
only requirement is that the victim of the international wrong should be a
national of the plaintiff State. International authorities are well acquainted
with the details of procedure, viz., nationality from the time that the damage
was caused and until the completion of the proceedings; the effects of a
change of nationality in the meantime, either voluntary or by operation of
law; and the legal consequences of the death of the victim. None of these
questions involve any difficulties. But it would be worth while to consider
a departure from the prevailing procedure of handling claims through diplo-
matic channels. Would it not constitute a principle of juridical evolution
Se