Abstract
Under the ‘reasonable foreign investor’ standard – which flows from the general law of state responsibility – the conduct of corrupt officials is attributed to their state insofar as those officials reasonably appear to act within the scope of their authority. Whereas the standard has been conceived of as a liberal one, which will normally result in state responsibility for the conduct of corrupt officials (especially of high rank), this note argues for a more stringent approach. In general, and by virtue of states’ international anti-corruption obligations, it is suggested that a foreign investor cannot reasonably assume an official (no matter how high-ranking) to be authorized to engage in and act upon corruption. Consequently, the conduct of a corrupt official should seldom, if ever, be attributable to the state.
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