the State has an absolute right to dispose of payment as it sees fit it possess

The state has an absolute right to dispose of payment

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the State has an absolute right to dispose of payment as it sees fit; it possess complete control over funds paid. The general theory to provide reparations for injury to private claimant but the State is not required to hand over reparations received to private claimant – that is a matter for Municipal Law. 32 | P a g e
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Candace Lopez Rustomjee v The Queen – R was injured in China and UK received compensation for the injuries. R was not compensated, so he brought a claim to courts. It was held that any omission on the part of the crown to distribute the compensation would be omissions of the sovereign for which she cannot be held responsible. However, under International Law and domestic practice the state should distribute the money or a portion thereof to the person injured. The Panevezys-Saldutiskis Railway Case (Estonia v. Lithuania) – In taking up a case of one of its nationals, by resorting to diplomatic action or international judicial proceedings on his behalf, a State is in reality asserting its own right to ensure in the person of its nationals respect for the rules of International Law However, a State cannot bring a claim on behalf of nationals of other states in the absence of an agreement. This is because it is the bond of nationality between the State and individual alone confers upon the State the right of diplomatic protection – it is as part of the function of diplomatic protection that the right to take up a claim and to ensure respect for rules of IL must be envisaged. Where injury was done to a national of some other state, no claim to which such injury may give rise falls within the scope of diplomatic protection which a state is entitled to espouse. Barcelona Traction Case – Should natural or legal persons on whose behalf State is acting consider that their rights are not adequately protected, they have no remedy in International Law but can resort to Municipal Law. The power of a state to bring a claim on behalf of nationals remains a discretionary power, the exercise of which is determined by political considerations unrelated to the case. Since the state‘s claim is not identical with that of the individual or corporate person whose cause is espoused, the State enjoys complete freedom of action. CAPACITY TO BRING A CLAIM: THE NATIONALITY LINK Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws (1930) Article 1 Each State determines under its own law, who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality... Article 2 Any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State.
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