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Draft Convention on the International Responsibility of States for Injuries to Aliens *

Published online by Cambridge University Press:  28 March 2017

Louis B. Sohn  and
B. B. Baxter
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Extract

  1. 1. A State is internationally responsible for an act or omission which, under international law, is wrongful, is attributable to that State, and causes an injury to an alien. A State which is responsible for such an act or omission has a duty to make reparation therefor to the injured alien or an alien claiming through him, or to the State entitled to present a claim on behalf of the individual claimant.

  2. 2. (a) An alien is entitled to present an international claim under this Convention only after he has exhausted the local remedies provided by the State against which the claim is made.

    1. (b) A State is entitled to present a claim under this Convention only on behalf of a person who is its national, and only if the local remedies and any special international remedies provided by the State against which the claim is made have been exhausted.

Type
Responsibility of States for Injuries to the Economic Interests of Aliens
Information
American Journal of International Law , Volume 55 , Issue 3 , July 1961 , pp. 548 - 584
Copyright
Copyright © American Society of International Law 1961

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Footnotes

*

Copyright, 1961, by the President and Fellows of Harvard College. Reprinted by their permission.

References

* Copyright, 1961, by the President and Fellows of Harvard College. Reprinted by their permission.