Working DRAFT of Summary, Alan Tzvika Nissel, A History of State Responsibility Summary of Project In the first narrative, I describe State responsibility as the practice of alien protection. I locate the first usages of State responsibility in the diplomatic practice of the U.S. Government following its Civil War. U.S. nationals had flooded the State Department with claims for diplomatic protection. To resolve these claims efficiently with inconsiderable political or human resources, the State Department began delegating the resolution of these disputes to professional international arbitrators. From 1870 when Secretary Fish appointed Francis Lieber to umpire the first professional international tribunal, to 1899, when the Great Powers founded the Permanent Court of Arbitration, the U.S. lawyers firmly established international arbitration as the forum for resolving alien protection claims. The U.S. staffed these tribunals with likeminded lawyers who would base their aw
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Working DRAFT of Abstract, Alan Tzvika Nissel, A History of State Responsibility Abstract of Project State responsibility is the doctrine that regulates international enforcement actions. Among international lawyers, there is a shared sense of mystery about State responsibility. While the doctrine clearly guarantees the enforceability of international law, its practice consistently languishes from a lack of international policemen. History is one lens through which to view this paradox. In this study, I describe the three most influential efforts to establish a legal standard for international enforcement actions: U.S. diplomatic practice, German legal theory and U.N. codification. In the late-nineteenth, lawyers in the U.S. State Department turned to international tribunals to redress alien injuries. These lawyers relied on international law to justify their legal intervention. Latin Americans, who were frequently the respondents of such claims, disputed the relevance of int