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Introduction

Published online by Cambridge University Press:  28 March 2017

Louis B. Sohn  and
R. R. Baxter
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Extract

It is the purpose of the law of State responsibility to extend the protection of international law to those who travel abroad and to facilitate social and economic ties between States. regardless of its political or economic philosophy, can remain indifferent to mistreatment of its nationals abroad. In an interdependent world the well-being of many countries rests upon an influx of foreign funds and managerial skills, the owners of which must be given effective protection against unjust prosecution or discrimination.

Responding to this need, international law has developed over the last two hundred years standards and procedures designed to protect the life, liberty, and economic security of nationals of one State who live or conduct business activities.in another State. The General Assembly of the United Nations decided in 1953 that “it is desirable for the maintenance and development of peaceful relations between States that the principles of international law governing State responsibility be codified,” and requested the International Law Commission to undertake this codification. The Commission appointed as rapporteur for that subject Dr. F. V. García-Amador, who has submitted to the Commission six excellent reports on various aspects of State responsibility.

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. 545 - 547
Copyright
Copyright © American Society of International Law 1961

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References

1 Among the many studies tracing the development of these rules, the following might be mentioned: E. M. Borchard, The Diplomatic Protection of Citizens Abroad (1915); F. S. Dunn, The Protection of Nationals (1932) ; C. Eagleton, The Responsibility of States in International Law (1928) ; and A. V. Freeman, The International Responsibility of States for Denial of Justice (1938).

2 Res. 799 (VIII), Dec. 7, 1953; General Assembly, 8th Sess., Official Records, Supp. No. 17 (U.N. Doc. A/2630), p. 52.

3 U.N. Docs. A/CN.4/96, 106, 111, 119, 125, and 134 (1956-61).

4 [1956] I.L.C. Yearbook (Vol. 1) 228.

5 23 A.J.I.L. Spec. Supp. 133 (1929).

6 That Committee consisted of the following persons: Professor William W. Bishop, Jr., University of Michigan; Professor Herbert W. Briggs, Cornell University; Arthur H. Dean, Esq., of the New York Bar; Professor Roger D. Fisher, Harvard Law School; Alwyn V. Freeman, Esq., Deputy Représentative of the International Atomic Energy Agency, United Nations; Charles M. Spofford, Esq., of the New York Bar; I. N. P. Stokes, Esq., of the New York Bar; Professor Quincy Wright, Emeritus, University of Chicago. The late Professor Clyde Eagleton of New York University served on the Committee until his death. Professor Philip C. Jessup of Columbia University was also a member of the Committee prior to his election to the International Court of Justice.

The authors have greatly benefited from the criticisms of the Committee, but it has not always proved possible to incorporate the suggestions of the Committee or of its individual members. Consequently, the views expressed in the text of the draft Convention or in the Explanatory Notes are not to be attributed to the Committee, nor do they necessarily represent the opinions of any individual member thereof.

7 [1959] I.L.C. Yearbook (Vol. 1) 147-154; [1960] ibid. (Vol. 1) 266-270, 276-283.

8 Previous drafts have been circulated only privately. Extracts from Draft No. 11 (Arts. 1, 9, 10, 11, 12, 27, 31, 32, 33, and 34) were discussed at the Fifty-Fourth Annual Meeting of the American Society of International Law, April 28-30, 1960, and are reproduced in the Proceedings, pp. 102-107.

9 P.C.I.J., Ser. A/B, No. 76 (1939).