Doctrine of state responsibility

Traditionally = individual are objects not subjects of international law

- They possess neither international legal rights
- Whatever wrong may be committed against them can be redressed only by states or org. with
international personality
1. Protection of aliens
- Aspect of sovereignty = no state is obliged to admit aliens into its territory unless there is a
treaty requiring it
- What states generally do is to impose legal standards for admission. (may not be expelled
without due process
- Aliens (nationals abroad)
- Practice of the proper treatment of aliens is based on this commonality of interest
- Ill-treatment of foreign nationals
1. mistreatment by judicial or police authorities
2. Unlawful expropriation of property
3. Denial of justice (failure to prosecute those who attack foreign nationals)
4. Denial of due process of law
- Diplomatic protection = instrument use for protection of aliens, based on traditional notion
that individuals is an inappropriate subject of international law and hence must have recourse
to his or her state of nationality for protection.
o Injury to a national abroad is injury to the individual’s states of nationality.