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International Contractual Claims and Their Settlement

International Contractual Claims and Their Settlement

Paperback

General World History

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ISBN10: 1235657132
ISBN13: 9781235657139
Publisher: General Books
Weight: 0.13
Height: 0.05 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913. Excerpt: ... Diplomatic protection is often invoked by citizens of one country in cases arising out of contracts entered into with citizens of another, or with a foreign government. With the constant growth in international intercourse and the exploitation of backward countries by foreign capital, this class of cases has assumed large proportions and has given rise to many perplexing and delicate diplomatic situations. The foreign offices of some of the more important governments have differentiated these claims from tortious claims arising out of direct injuries committed by an authority of the state against the person or property of their citizens, either by declining to interpose in behalf of their contracting citizens or else by exercising more than ordinary scrutiny over a cause of action having its origin in contract. Fundamentally it is the denial of justice which is the necessary condition for the interposition of a government on behalf of This monograph is in substance a chapter of a forthcoming book by the author, The Diplomatic Protection of Citizens Abroad, ' to be published early in 1914 by the Banks Law Publishing Co., New York. It is issued with the publishers' permission. its citizen prejudiced by breach of contract. As a general rule, before a claim originating in a contract can come within the category of a denial of justice it must have been submitted to the courts for such judicial determination as is provided by the local law or in the contract. Until such submission, the government's right of interposition has not yet accrued. The qualifications of this principle we shall consider hereafter. There are three important classes of contract claims: first, those arising out of contracts concluded between individuals who are citizens of different count...

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