When Capital Meets Custom. (How) Can State-Controlled Enterprises Contribute to the Formation/Identification of Customary International (Investment) Law?

by A.C. Bakos

Introduction

(Added 18/03/2021) This article focuses on the direct contribution of state-controlled enterprises (SCEs) to customary international law (CIL) formation or ascertainment. The International Law Commission has already accepted the potential of transnational corporations and actors not exercising governmental authority to indirectly contribute to the formation of, or reflect, CIL. Since this is generally accepted (although, as will be seen below, there were certain states opposing this as well), it is important to focus on what may be more controversial and rather unclear - whether a SCE might contribute directly to the formation, or identification, of CIL.

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