COMMENT PAPER Essay Example | Topics and Well Written Essays - 750 words

COMMENT PAPER - Essay Example (Article 5. 1.a drafted by Dr. F. V. Garcà ­a Amador, Special Rapporteur, and submitted to the International Law Commission. International Responsibility: Second Report 1957 cited in Friedmann, et.al., 760) It goes to say that Allan, even if he is not a national, will be allowed certain basic rights such as making contracts and closing deals. Since it was also mentioned that the State of Lunacy will not tolerate any discrimination in contracting, it is the State’s obligation to render necessary actions to Charlie Company, which they did—revoking Charlie Company’s charter. Therefore, if the Unites States would charge the State of Lunacy in behalf of Allan, the State would not be held liable for Charlie Company’s discrimination because they had already applied the necessary action. b. According to Lunatic law any person seeking redress against a business incorporated under state law is allowed to sue in their courts. Not giving Allan the right to sue because of the sole reason that he is an â€Å"alien† is a violation of the State of Lunacy’s Law. The Clerk would have to face the consequences of his/her judgments against Allan as an answer to the violation. When states fail to adhere to the international standard, a denial of justice may occur. Denial of justice holds states responsible under international law for wrongful administration of justice regarding foreigners committed by the executive, legislative or judicial organs of the State. It includes improper administration of civil and criminal justice with regard to foreign persons, such as denial of access to courts, inadequate procedures, and unjust decisions. (Paulsson, Jan, Denial of Justice in International Law) If not given proper action by the State of Lunacy, the United States could i nclude this situation to their charges against the State in which they will be held liable. c. The State of Lunacy will be not held liable even though Allan is an alien and is injured during