The Responsibility of the State for the Conduct of its Entities in ICSID Jurisprudence | [Journal of Statistics, Computing and Interdisciplinary Research • 2022]

Author(s):

1. Ikram Ullah: Department of Law, Faculty of Shariah & Law, International Islamic University Islamabad,Pakistan

2. Aisha Tariq: Department of Law, Faculty of Shariah & Law, International Islamic University Islamabad,,Pakistan

3. Tauseef Iqbal: Legal Consultant, Ministry of Defence,,Pakistan

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.

Page(s): 11-18

DOI: DOI not available

Published: Journal: Journal of Statistics, Computing and Interdisciplinary Research, Volume: 4, Issue: 1, Year: 2022

Keywords:

ILC Articles on states responsibility , ICSID , State attribution

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