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International responsibility1

RESPONSIBILITY FOR THE INTERNATIONAL
DELINQUENCIES OF THE GULF STATES
Imputability of acts of Protected States to the Protecting Power
There seems to be general agreement among writers of authority and
in the practice of States that a protecting State is responsible for the
delinquencies of its protected State.
(a) The views of writers: The rule regarding the responsibility of the
protecting State for the delinquencies of dependencies, protectorates
and protected States under its protection has received virtually
unanimous recognition by such writers as Hall, Eagleton, Oppcnheim,
Hyde, Wheaton, Dunn, Starke and Garcia Amador.2 However, many
writers relate the responsibility of the protecting State for the delin­
quencies of the protected State to the extent and degree of ‘control*
exercised by the former over the internal affairs of the latter, and to
the extent to which the protected State controls its external affairs.3
Thus, for instance, where the arrangement between the protecting
and protected State leaves to the latter the freedom of administering
justice internally, ‘that State’, says Eagleton, ‘would appear to have
sufficient control to accept responsibility for injuries suffered by aliens
therein’.4 But even in this particular case Eagleton admits that the
protecting Power may be expected to prevent the claimant State from
enforcing directly its claim against the delinquent protected State.5
Garcia Amador makes an attempt to clarify the practical difficulties
regarding the imputability of responsibility for the acts and omissions

1 International responsibility has been defined as ‘a duty to make reparation for
the injury sustained, a duty incumbent upon the State which violated, or did not
comply with, an international obligation’. See Garcia Amador, F. V., ‘Report on
State Responsibility’, Yearbook of International Law Commission, vol. II (1956),
p. 180 (Document A/CN.4/96, 20 January 1956). See also Eagleton, C., The
Responsibility of States in International Law, 1928, p. 22.
2 See Hall, pp. 150, 154; Eagleton, op. cit., pp. 36, 37-8, 43; Oppenheim, pp.
339-40; Hyde, 1, pp. 45-7; Wheaton, op. cit., p. 422; Dunn, F. S., The Protection
of Nationals: A Study in the Application of International Law (1932) pp. 122-3;
Starke, J. G., ‘Imputability in International Delinquencies’, B.Y.I.L., 19 (1938),
p. 117; Garcia Amador, op. cit., p. 187.
3 Eagleton, op. cit., p. 43.
* Ibid., p. 36.
6 Ibid.
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