The Diplomatic Protection of Citizens Abroad Or the Law of International Claim
The Diplomatic Protection of Citizens Abroad Or the Law of International Claim
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In our eReader you can find the full English version of the book. Read The Diplomatic Protection of Citizens Abroad Or the Law of International Claim Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Diplomatic Protection of Citizens Abroad Or the Law of International Claim
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VI, 1016. While the respec- tive agents and counsel before an international commission represent, not the claim- ants, but their respective governments, permission is occasionally granted by the government to the counsel of the claimant to appear before a commission.
^ Infra, § 144 et seq.
' Infra, § 143. The extent of the power of the courts to control executive actiou in the distribution of awards is discussed infra, § 154.
* Infra, p. 372, and especially Jencken claim i;. Spain, contra.
EFFE...CT OF NATIONAL CHARACTER OF THE CLAIM 359 return the indemnity received.^ This is a direct result of the responsi- bihty for good faith assumed by the government in the presentation of a claim, and it has been invoked even where claims were submitted to arbitration admittedly without previous examination as to their merits. " § 140. Effect of National Character of the Claim.
The presentation of a claim for injury to a citizen being a transaction between sovereign and sovereign, it follows that the settlement or adjudication of the claim is in its nature a matter of international law and procedure, and that it is confined to the determination of the valid- ity and amount of the claim as between the two sovereigns, and does not extend to the determination of questions regarding the private ownership of the indemnity.^ Since the claim is national in character, the indemnity fund received in payment of the claim is a national fund.
What to read after The Diplomatic Protection of Citizens Abroad Or the Law of International Claim?
You can find similar books in the "Read Also" column, or choose other free books by Edwin Montefiore Borchard to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
VI, 1016. While the respec- tive agents and counsel before an international commission represent, not the claim- ants, but their respective governments, permission is occasionally granted by the government to the counsel of the claimant to appear before a commission.
^ Infra, § 144 et seq.
' Infra, § 143. The extent of the power of the courts to control executive actiou in the distribution of awards is discussed infra, § 154.
* Infra, p. 372, and especially Jencken claim i;. Spain, contra.
EFFE...CT OF NATIONAL CHARACTER OF THE CLAIM 359 return the indemnity received.^ This is a direct result of the responsi- bihty for good faith assumed by the government in the presentation of a claim, and it has been invoked even where claims were submitted to arbitration admittedly without previous examination as to their merits. " § 140. Effect of National Character of the Claim.
The presentation of a claim for injury to a citizen being a transaction between sovereign and sovereign, it follows that the settlement or adjudication of the claim is in its nature a matter of international law and procedure, and that it is confined to the determination of the valid- ity and amount of the claim as between the two sovereigns, and does not extend to the determination of questions regarding the private ownership of the indemnity.^ Since the claim is national in character, the indemnity fund received in payment of the claim is a national fund.
What to read after The Diplomatic Protection of Citizens Abroad Or the Law of International Claim?
You can find similar books in the "Read Also" column, or choose other free books by Edwin Montefiore Borchard to read onlineMoreLess
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