By Webster D. L.
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But it is urged that when a Government espouses and presents a claim here, the private interest in the claim is merged in the Nation in the sense that the private interest is entirely eliminated and the claim is a national claim, and that therefore this Commission can not look behind the act of the Government espousing it to disco ver the private interest therein or to ascertain whether or not the private claimant has presented or may rightfully present the claim to his Government for interposition.
We think it is possible. Supposing that a government occupies and takes over the administration of foreign territory in time of war, then adecision as to the wrongfulness of the occupation would require adecision on the wrongfulness of the whole war; this is a political question, or, at the outside, a legal dispute directly between governments ; hence damages cannot be claimed on behalf of a citizen of the occupied territory merely on the ground that the occupation was wrongful. But there appears to be no reason why an idemnity could not be awarded for improper carrying out of the administration in the occupied territory.
Claims commissions are very often set up, as was the one whose opinions are discussed in this book, with the object of settling the complaints of citizens of one country concerning acts irnputable to another, which have been cornmitted in tirnes of political friction between the two. If such a Cornrnission were to dismiss all cases with a political background, many of these complaints would have to remain unsettled. The second rule is not perfectly seH-evident. It may easily happen that the subject of the controversy is an action which violates some rule of the law of nations; if in addition it has caused darnage to a citizen of the other State, all the elements of liability for an international delinquency are present.