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State Responsibility in the Light of the New Trends of International Law

Published online by Cambridge University Press:  30 March 2017

F. V. García-Amador
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Extract

During its eighth regular session, the General Assembly of the United Nations considered “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.” To this end, the Assembly requested the International Law Commission to undertake the codification of these principles. The Tenth Inter-American Conference, held in Caracas March 1–28, 1954, adopted a similar resolution.

Type
Research Article
Information
American Journal of International Law , Volume 49 , Issue 3 , July 1955 , pp. 339 - 346
Copyright
Copyright © American Society of International Law 1955

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References

1 Resolutions adopted by the General Assembly during its Eighth Session, Official Documents, Supp. No. 17 (A/2630), Bes. 799(VIII). The resolution was submitted by the Delegation of Cuba in the course of the discussion of a Eeport of the International Law Commission (c/. Docs. A/C. 6/L. 311 and A/C. 6/SR. 394).

2 Res. CIV, Pinal Act of the Tenth Inter-American Conference (Caracas, March, 1954); 48 A.J.I.L. Supp. 128 (1954). This resolution was also submitted by the Delegation of Cuba, which took into account that, according to the pertinent instruments, the relations and co-operation between the International Law Commission and the inter-American bodies entrusted with the development and codification of international law should be promoted (cf. Doc. 247, SG-151).

3 In his well-known Report, Judge Guerrero explicitly developed this idea, which he considered to be fundamental to the notion of international responsibility. See 20 A.J.I.L. Spec. Supp. 176 (1926).

4 In this connection Professor Lauterpacht has expressed the opinion that “intrinsically, there is nothing—save the traditional doctrine on the question of the subjects of international law—to prevent the tortious responsibility of the State from being combined, in the international sphere, with the responsibility of the organs directly liable for the act or omission in question.” International Law and Human Eights (New York, 1950) 41.

5 Derecho Internacional Publico (La Habana, 1936), Vol. Ill, p. 483. See also Eagleton, “International Organization and the Law of Responsibility,” 76 Eecueil des Cours de l'Academie de Droit International 319-424 (1950).

6 See Advisory Opinion of July 13, 1954, in [1954] 1.0 J . Rep. 47.

7 P.C.I.J., Ser. A/B, No. 76 (1939) 16.

8 The subject has been dealt with by many. See, particularly, Fleury, L'acces de particuliers aux tribunaux internationaux (1932); Schul6, Le droit d'accds des particuliers aux juridictions Internationales (1934); Kaeckenbeeck, The International Experiment of Upper Silesia (1942); Hudson, International Tribunals, Past and Future (1944), Ch. XIX.

9 [1949] I.C.J. Rep. 174; 43 A.J.I.L. 589 (1949). See also the Oral Statements by Dr. Ivan S. Kerno and A. H. Feller on behalf of the U.N. Secretary General.

10 Res. XL on International Protection of the Essential Eights of Man.

11 A Modern Law of Nations (New York, 1948) 97.

12 Ibid. at 97-98.

13 Corso di Diritto Internazionale (3rd ed., Borne, 1928) 417.

14 Cf. Eeport of the International Law Commission Covering the Work of Its Sixth Session, June 3-July 28, 1954 (Doe. A/2693), Ch. Ill ; 49 A.J.I.L. Supp. 17 (1955).

15 For a summary of these different views on the subject of international criminal responsibility, see Memorandum prepared by the late Professor Vespasien Pella and published by the IJ.N. Secretariat (Doc. A/CN. 4/39), pp. 102-123.