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19 Tul. L. Rev. 79 (1944-1945)
Systematic Inquiry into the Principles of International Law Dealing with Diplomatic Protection

handle is hein.journals/tulr19 and id is 107 raw text is: A SYSTEMATIC INQUIRY INTO THE PRINCIPLES OF INTERNATIONAL LAW DEALING WITH DIPLOMATIC PROTECTION JAN HOSTIE The object of this article is not to state the law as it stands; still less is it an outline of desirable changes. Its sole aim is to grapple with a fundamental divergence in the system un- derlying the whole fabric of customary rules governing inter- national claims on behalf of private persons; a divergence which has appeared whenever these rules have been subjected to a more or less thorough investigation. The conflicting systems are, of course, well known and can- not better be summarized than by quoting two outstanding American authorities. Professor Borchard says, This state, in demanding re- dress, does not represent the individual who has sustained the injury and does not give effect to his right, but to its own right, the right, namely, that its citizens may be treated by other states in the manner prescribed by international law.' Professor Hyde says, Claims may be divided into two broad classes' first, those which are based upon private com- plaints of individuals whose government acts as their repre- sentative in espousing their cause; secondly, those which 'concern the State itself considered as a whole.' 2 It will be convenient to refer to these two systems as A and B. In system B, as we understand it, a distinction should be drawn between the substantial right vested in the claimant and the right of action vested in the protecting state. tD. Jur., M. A., University of Louvain; Member of the Brussels Bar; Lecturer at the Hague Academy of International Law in 1928, 193.2, 1939; Lecturer at the University of Michigan (1942-1944); Head Analyst of U. N. R. R. A. for Inland Transportation. lBorchard, The Diplomatic Protection of Citizens Abroad (1915) 18. 21 Hyde, International Law (1922) 474. Hyde quotes from Lord Salis- bury to Sir Julian Pauncefote, No. 65, March 5, 1896, Foreign Relations (1896) 222.