Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...the Belgian jurist, in 3 Rev. de derecho y legislacion (Caracas, Oct., 1913), pp. 3-6. European governments have generally considered "notorious injustice" a ground for reclamation. ARTICLE 10 A state is responsible if an injury to an alien results from its failure to exercise due diligence to prevent the injury, if local remedies have been exhausted without adequate redress for such failure. The diligence required may vary with the private or public character of the alien and the circumstances of the case. COMMENT It is the duty of a state to exercise due diligence to prevent injury to aliens. Its failure to exercise this diligence, if unredressed, renders it responsible. Remedies afforded by local law to redress the failure must ordinarily be resorted to (Article 6); but as the injury is in this case due to the state's own lack of diligence, mere failure of redress, which may not be a denial of justice, should suffice to found an international claim for reparation. "Due diligence" assumes that the state has jurisdiction to act. It would usually be impossible for a state to take measures to prevent injuries from being inflicted by its nationals in the territory of other states. The phrase "due diligence" implies, therefore, jurisdiction to take measures of prevention as well as an opportunity for the state to act, consequent upon knowledge of impending injury or circumstances which would justify an expectation of probable injury. Due diligence is a standard, and not a definition; and its presence or absence in a particular case will depend upon the special facts. Specific applications of the standard are provided for in Articles 11, 12, and 15 of this convention. A greater degree of care and protection, usually by reason of treaty, but...
