The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

view that, in general, pecuniary claims, whether based on torts or contracts, should be submitted to arbitration or judicial decision.


BIBLIOGRAPHY

Responsibility of States. -- * Anzilotti, in 13 R. D. I. P. ( 1906), 5-29 and 285-309; Arias, in 7 A. J. ( 1913), 724-65; * Bar, in 31 R. D. I. ( 1899), 464 ff.; Baty, Int. Law in So. Africa ( 1900), chs. 4-5 (for examples of claims by Great Britain); Bluntschli, Arts. 375-93; * Borchard, Pt. I, chs. 4-8, and Pt. IV, chs. 4-5, and in 34 Yale Law J. ( 1924), 1 ff.; Brewer and Butler, in 22 Cyc. of Law and Procedure ( 1906), 1734 ff. (Art. on Int. Law); Brusa, in 17 Annuaire de l'Institut ( 1898), 96 ff.; * 3 and 6 Calvo, §§ 1263-98, and 256 respectively; Clunet, Offenses et actes hostiles commis par particuliers contre un état entranger ( 1887); 11 Corpus Juris, 816-25; Devlin, Treaty Power ( 1908), ch. 15; * 1 Fauchille, ch. 7, Nos. 3981-18; Fenwick, 156-60, 386-96; 1 Fiore, Nos. 659-79, and Int. Law Codified ( 1918), Arts. 596-615; Funck-Brentano et Sorel, ch. 12; Goebel, in 8 A. J. ( 1914), 802-52; Hall, §§ 11, 65; Heffter, §§ 101-04; * Hershey, in 1 A. J. ( 1907), 26-45; Holtzendorff, in 2 Handbuch, 70-74; Huffcut, in 2 Annals ( 1891-92), 69 ff.; * 1 Hyde, §§ 270-309, and 8 Ill. Law Rev. ( 1914), No. 6; Liszt, § 35; * Moulin, La doctrine Drago ( 1908); * 6 Moore, Digest, ch. 21 (for claims by the United States); * 1 Oppenheim, §§ 148-67; 1 Piédelièvre, 317-22; * 1 and 3 P.-Fodéré, Nos. 196U- 210, 402 ff., 1363 ff.; Ralston, Int. Arbitral Law ( 1910), passim,204 ff., 274 fir.; * Report by Committee of Experts on "Responsibility of States for Damages Done to the Property of Foreigners," in Supp. to 20 A. J. ( 1926), 116-203; * 1 and 2 Rivier, 271-73 and 40-44, respectively; Ex-

____________________
"International commissions have frequently allowed claims based on the infraction of rights derived from contracts where the denial of justice was properly established." 6 Moore, Digest, p. 718.

Borchard (§ 110) properly distinguishes between "three important classes of contract claims: first, those arising out of contracts concluded between individuals who are citizens of different countries; second, those arising out of contracts between the citizen and a foreign government; and third claims arising out of the unpaid bonds of a government held by the citizens of another." He rightly points out that the distinction between the second and third classes is particularly important, "inasmuch as there is far less reason for governmental intervention to secure the payment of defaulted bonds of a foreign government than there is in the case of breaches of concession and similar contracts." In the first class of cases, contracts between individuals, there would seem to be no occasion for interposition at all unless the local courts denied or unduly delayed justice.

On Claims based on Contracts, see especially: * Borchard, Pt. I, ch. 7, §§ 109-26; 1 Hyde, §§ 303-09; * 6 Moore, Digest, §§ 916-19, 995-97; 1 Westlake, 331-34; 2 Wharton, Digest, §§ 231-32.

For numerous references, especially to the foreign literature on this subject, see Borchard, op. cit., notes to ch. 7.

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