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Abstract(s)
This dissertation studies the international rule of attribution to the State of acts of entities that exercise governmental authority. The study is focused on article 5 of the ARSIWA, which establishes that the conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity is acting in that capacity in the particular instance. The present work discusses the legal framework, historical background, legal nature, scope, and implications of article 5 of the ARSIWA. The legal nature of the rule embodied in article 5 of the ARSIWA is analyzed in this study, in light of general principles of law and the constituent elements of customary international law. In this context, it is concluded that article 5 reflects the principles of non subordination of international law to internal law and of the unity of the State from the international standpoint and it constitutes a rule of customary international law. Moreover, the analysis of article 5 covers sources, concepts, criteria, and evidence of international law and examines the application of article 5 in international disputes, particularly concerning investment and trade claims. The concepts of State organs and de facto organs are explored to find the universe of entities that fall within the scope of article 5. For the same purpose, the attribution of acts of territorial public entities, State-owned enterprises and private corporations is also studied in this dissertation. The concept of governmental authority is examined by reference to similar concepts used in sovereignty claims and under the rules of State immunity.
Description
Keywords
Responsabilidade internacional do Estado Imputação Entidade Empresas públicas Poderes públicos Teses de mestrado - 2025 International state responsibility Attribution Entities State-owned enterprises Governmental authority