Abstract
This article addresses the issue of 'state organs' and 'non-state organs' in the 2001 ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts, and examines the basic scheme contained in the instrument. It then examines recent disputes of international economic law in which this issue has been extensively analysed, and shows how the basic scheme of the ILC Draft Articles is not accurately reflected or incorporated in these disputes, thereby causing confusion and stoking further disputes. The article argues that the conflation of state organs and non-state organs in recent decisions of certain tribunals of international economic law constitutes a deviation from the ILC Draft Articles and misapplies the established jurisprudence in this area. The article then provides suggestions to address this problem in the future.
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