City Research Online

Abstract

In international investment law, states have an obligation to protect foreign investors against certain interferences by their own organs as well as private actors. In the first case, state responsibility emerges from breach of the obligation to refrain from a wrongful activity and is attached to the state through the attribution of the acts of its organs. In contrast, when the harm is caused by non-state actors, a state can incur responsibility if it fails to exercise due diligence in protecting investors. Can a due diligence standard be utilized also to determine state responsibility when the injury was not caused at the hands of private actors? Departing from doctrine, this chapter argues that it can, articulating legal, policy and theoretical justifications, relying in particular on the concept of risk. It shows how this approach converges with other areas of international law, especially international humanitarian law and international human rights law.

Publication Type:	Book Section
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

Export

Downloads