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date: 24 January 2021

Abstract and Keywords

This article deals with the rules of attribution and recent arbitral awards applying them. It gives a brief overview of the basic rules of attribution laid down in the International Law Commission (ILC) Articles, which depicts a clear idea of the extent to which a state may be held responsible under international law for the conduct of state organs and others who exercise governmental authority. It emphasizes that the rules of attribution are separate and distinct from determining the standard of responsibility of a state. This article addresses conduct of organs of a state. The provision stipulates that the conduct of any state organ, whether exercising a legislative, executive, judicial, or other function shall be considered an act of that state under international law. This article also illustrates the important role played by the ILC Articles in investment arbitration.

Keywords: attribution, arbitral awards, international law, investment arbitration, state organs

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