Indirect International Wrongs

Sociology | Mercantile Law | International Law | International Relations

An Indirect International Wrong arises when a state is in breach of an obligation owed to the national of another state. Various aspects to be pondered in this regard include;

A. Treatment of Aliens
In International Law, a national of another state is known as an alien. As far as the question of treatment of any alien is concerned more particularly if he gets arrested and locked up in some developing country then the International law does not assert on treating him according to the international standards as he could have foreseen the treatment of a country where he intended to go; infact, International Law mere demands for treating the foreigners and the locals equally. Both of them, if on one hand enjoy equal rights then are ought to face equal liabilities as well.

B. Admission & Expulsion
International Law has emphasized more on indiscriminating treatment of the aliens by admitting them in their states and not expulsing them unless and until some solid reason backs the action otherwise.

For instance, the aliens with HIV virus or carrying Ebola disease can be expelled from their states under the definite procedure.

C. Expropriation of Foreign Property
The property attained by the aliens in a state cannot be expropriated from them except when it is necessary to be expropriated for some public purpose. And even in this case, law demands two assurances; one, the compensation should be paid. Second, no discrimination should be made between the citizens and aliens while acquiring the property in the wake of public cause.

General Assembly Resolution on ‘Permanent Sovereignty over Natural Resources’ 1962 endorses this rule of International law.