Circumstances under which a State may be Held Responsible, under International Law, for the Defects of its Judicial System
It would indeed be a thankless and useless task to attempt to evaluate the executive, legislative, and judicial branches of a state government with the idea in mind of proving that either branch is more important than the other. All three are absolutely indispensable to the welfare of a civilized state. When we consider, however, the responsibility which may attach to a state, under international law, by reason of the actions of either one of these branches of its government, we are confronted by an entirely different situation. Looking at the matter from this angle alone, it is possible to say which branch plays the most important part in determining a state's position in the society of nations.The executive or legislative branch of a state government may do a great many things which will make that state internationally liable for their actions. If they persist in their actions, confidence in that particular state may be undermined to a considerable extent. If, however, the other states of the world find that despite the actions of the executive and legislative branches of the state's government they can always obtain relief in the courts of that particular state, they are not likely to feel that they need to take any kind of action against this state. They will realize that as long as the courts are sound any international wrongs which may be committed against their nationals will be rectified.