61. Liability in tort or delict.

61.     Liability in tort or delict.

Since liability in tort or delict is a question of municipal law, and since international law cannot of itself have direct effect in municipal law1, state succession cannot of itself extinguish the liability of the government of a continuing predecessor state in respect of tortious or delictual claims arising out of its conduct in the territory concerned or render the government of a successor state liable in respect of any such claims arising out of conduct in that territory by the government of a predecessor state, whether continuing or extinct2