The Responsibility of the State for the Conduct of its Entities in ICSID Jurisprudence

Abstract

It is a good omen that the tribunals have started applying International Law Commission's Articles on state’s responsibility in a logical order. But this application has created another inconsistency. Tribunals neither interpret these Articles consistently nor do they apply the same tests developed under an individual Article to determine the attribution of a specific act to a state. This inconsistent attitude is affecting the predictability of investment law. After highlighting the importance of consistency in this subject, this paper suggests the preferable interpretation to be adopted consistently.