State responsibility - The treatment of foreign nationals

Question

When does denial of justice exist?

Answer 1

Where there is a denial, unwarrented delay or obstruction of acces to courts, gross deficiency in the administration of justice or remedial process, failure to provide those guaranties which are generally considered indispensable to the proper administration of justice or a manifestly unjust judgement.

Answer 2

Every state must treat foreigners within its territory by reference to a minimum international standard, irrespective of how national law allows that state to treat its own citizens.

Answer 3

The state is only responsible if it fails to accord foreign nationals the same standard of treatment afforded to its own nationals.

Answer 4

Pro: it would allow, for example, a state to nationalise property owned by foreigners, without fear of international responsibility, if its national law allowed it to nationalise the property of its own citizens in similar circumstances.

Con: the national standard pays no regard to such matters as fundamental human rights.

Answer 5

When a national suffers an injury at the hands of another state, his state of nationality may take up the claim. The claim then becomes that of the state itself.

Answer 6

If the company no longer exists as a distinct legal person.
If the state of nationality of the company is unable to protect the company.
If it is the state of nationality of the company that caused the injury in first place.

Answer 7

Foreign national must utilise such measures as are available in the local law to achieve a satisfactory vindication of their rights before their state of nationality can successfully maintain a claim in international law.

Answer 8

The rule is essentially practical in that it ensures that international tribunals are not engulfed by inter-state claims that could have been more easily and more profitably dealth with at local level.
To prevent 'forum hoping'.
To encourage the efficient administration of justice.

Answer 9

A clause inserted into an agreement between a foreign national and a state whereby the foreign national agrees in advance to submit all disputes to the local law and to forgo his right of diplomatic protection.

Answer 10

To prevent the state of nationality bringing a claim of state responsibility at international law due to an alleged waiver of such rights by the national. (reinforce the obligation to resort to the national law before an international claim is brought)