State Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees
Article from: TDM 2 (2019), in Judicial Measures and Investment Treaty Law
This paper addresses the state's responsibility for violations of international investment law by bankruptcy trustees and courts. The analysis is broken down into two parts corresponding to the elements of state responsibility under international law-attribution and breach of an international obligation. The first part of the paper examines whether the conduct of a bankruptcy trustee may be attributable to the state under international law. The answer to this unresolved question is important given that the trustee's actions and omissions may result in breaching international investment ...