International Investment Law Research Guide

The Articles on Responsibility of States for Internationally Wrongful Acts constitute a major step in the codification and progressive development of international law. They cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices; the invocation of responsibility, especially standing of States in the public interest; and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).

This book focuses on how, and to what extent, breaches of state obligations to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed under international law, particularly when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct. However, the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with the International Law Commission's Draft Articles on Responsibility of States for Internationally Wrongful Acts. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.