State Responsibility for Corruption: The Attribution Asymmetry in International Investment Arbitration
Article from: TDM 3 (2013), in Corruption and Arbitration
Introduction
This article revisits the international law of State responsibility in the area of corruption in foreign investment. It begins by examining how the International Law Commission's Articles on State Responsibility (the "ILC Articles"), a set of principles originally conceived to govern inter-State relationships (including foreign investment issues raised under the aegis of diplomatic protection) finds application in the area of investment arbitration. The article then studies the few cases that have examined the issue of State responsibility for corruption within the investment ...