Suchergebnisse

This volume clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law.

Abstract
This article examines the application of ARSIWA's provisions on attribution of conduct to a State in international investment law and arbitration. In particular, it critically analyses the rules of attribution of conduct codified in ARSIWA Articles 4 (conduct of organs of a State), 5 (conduct of persons or entities exercising elements of governmental authority), 7 (excess of authority or contravention of instructions) and 8 (conduct directed or controlled by a State). A central message of the present contribution pertains to the methodological demand for an inclusive perspective by adjudicators as to the public international law dimension of investor-State dispute settlement and the direct applicability therein of ARSIWA's customary rules on attribution.