Attribution in International Law and Arbitration

by Carlo de Stefano

Overview

Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law.

It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed.

Of special interest within this context is the responsibility of States 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 direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. 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.

Product Details

ISBN-13:	9780198844648
Publisher:	Oxford University Press
Publication date:	03/16/2020
Pages:	256
Product dimensions:	9.30(w) x 6.20(h) x 0.90(d)

About the Author

Dr. Carlo de Stefano is Lecturer and Post-Doc Researcher in international law at the Department of Law of Roma Tre University and Associate in the Milan office of BonelliErede law firm. He is also Lecturer and Research Tutor for the Master of Laws in International Trade Law of the International Training Centre (ITC) of the International Labour Organization (ILO) in Turin.

He regularly publishes on international and Italian peer reviewed journals. Carlo is also member of the editorial committee of the journal "Diritto del Commercio Internazionale - The Law of International Trade" and serves as reviewer of various international peer reviewed journals. Carlo has been admitted to the Milan Bar Association in 2014. He is involved in the international arbitration practice (investor-state arbitration and international commercial arbitration) as counsel as well as administrative secretary of arbitral tribunals.

Table of Contents

0. INTRODUCTION: A STUDY ON ATTRIBUTION1. THE MEANING OF ATTRIBUTION2. ATTRIBUTION IN PUBLIC INTERNATIONAL LAW3. ATTRIBUTION IN INTERNATIONAL INVESTMENT LAW

Editorial Reviews

"The book is naturally attractive for international investment lawyers and scholars, but everyone interested in international law and even scholars from the social sciences looking into implications of the organization of the State will not be disappointed." — Monica Naime, Nordic Journal of International Law

"De Stefano's book represents an important addition to the body of work dealing with the issue of attribution. It not only offers a comprehensive and systematic analysis, connecting the areas of general international public law and international investment arbitration; it also provides an up-to-date overview of the relevant investment tribunals' case law." — Ivan Cavdarevic, Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, ICSID Review

"The book by Carlo de Stefano on Attribution in International Law and Arbitration ('Book') could not be more timely. With the current number of investment arbitration cases exceeding 1,000, as well as the debate over the legitimacy of investor-State dispute settlement ('ISDS'), contentious issues, such as attribution, must be analyzed in detail. [...] The Book clearly illustrates that the general principles of attribution are applicable in investment law and arbitration and arbitral tribunals are bound by them. At the same time, the Book also confirms that there are difficulties posed by applying the rules of attribution in Practice [...] The Book is a substantial addition to the academic debate and brings clarity to the discussion concerning the rules of attribution in the context of diversified forms of entities and individuals susceptible of engaging the responsibility of a State." — Dr Crina Baltag, Stockholm University, Transnational Dispute Management

From the Publisher