Abstract

The traditional international law jurisprudence, represented by the International Law Commission's Draft Articles, has not been too clear on the subject of international responsibility of states for acts/omissions of state enterprises and sub-national authorities in their dealings with foreign investors. A more practical approach to the issues is found in notably the US-based BITs, the MITs including NAFTA and the ECT. These treaties are however often times complex and restrictive in the sense of their jurisdictional application. To hold states responsible for the conduct of ...