Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331874

In which court case The Claims Commission held that the ultra vires acts of officials were attributable to the
state?


The Gustave Caire v. United Mexican States case

The United States Diplomatic and Consular Staff in Tehran case

The Prosecutor v. Tadic case

The Military and Paramilitary Activities in and against Nicaragua case

The Hostages case


Yanıt Açıklaması:

The Gustave Caire v. United Mexican States case (Caire case, 1929) concerned the murder of a French national by two Mexican officers. The Claims Commission held that the ultra vires acts of officials were attributable to the state and stated that “the two officers, even if they are deemed to have acted outside their competence, acted under cover of their status as officers and used means placed at their disposal on account of that status.” They must have acted in all appearance as competent officials or organs, as they must have used powers or methods appropriate to their official capacity (5 UNRIAA 516).

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