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Facts:: Caire Claim Case
Facts:: Caire Claim Case
Facts:: Caire Claim Case
HELD:
YES. The French-Mexican Claims Commission held that
Mexico was internationally responsible for the conduct of the
army officers. In this regard, Presiding Commissioner Verzijl
observed that, under the doctrine of objective responsibility
(state responsibility for the acts of state officials or state DOCTRINE: Exhaustion of local remedies
organs even in the absence of “fault” on the part of the state),
HELD:
Panevezys-Saldutiskis Railway case Before an alien can have his case admitted in International
court must have local remedies exhausted.
ESTONIA, petitioners,
vs. These rules require from the States to which they are directed
LITHUANIA, respondents. a particular final result in respect of the treatment of foreign
nationals, leaving the State which is under the obligation free
FACTS: as regards the means to be used. If an organ of the State
A company was founded in constructed and operated a which is under the obligation performs an act contrary to
railway line, a branch of which, from Panevezys to Saldutiskis, the desired result, the existence of an internationally
crossed territory which, following World War I and the unlawful act and of the international responsibility of the
upheavals in Russia and the Baltic States, became State cannot be asserted so long as the foreign national
has a possibility of securing, through the means provided
Lithuanian. A company founded in Estonia in 1923 and
by the municipal legal system, the result required by the
purporting to be the successor to the Russian company,
international rule."
claimed compensation for the part of the railway that was in
Lithuania, who’s Government had seized it. In the case Estonian Company has not instituted any legal
The Estonian Government espoused this claim, and brought it proceedings before the Lithuanian courts in order to establish
its title to the Panevezys-Saldutiskis railway. The court
before the PCIJ relying on Optional Clause declarations made
declared the objection regarding the non-exhaustion of the
by the two States.
remedies afforded by municipal law is well founded, and
Lithuania raised two preliminary objections. One was based declares that the claim presented by the Estonian
on the principle of the nationality of claims, and in particular Government cannot be entertained.
on the fact that the Estonian company did not exist at the time
of the taking. The other was based on the fact that local
remedies had not been exhausted.
ISSUE/s of the CASE:
Whether or not, Lithuania is correct in asserting the non-
exhaustion of local remedies doctrine.